When buying a property, it can be hard to discern what’s included in the sale, particularly if the house was staged at the time of viewing. Depending on the contract (and sometimes the discretion of the seller), buyers can be surprised that parts of the property have been removed prior to settlement.
Aside from the fact that this can leave a bad taste, the real issue is often down to a lack of clarity surrounding which items in the property are chattels or fixtures.
To avoid this, it’s important to understand how different parts of the home are distinguished as chattels and fixtures, and what you’re entitled to in the sale.
What is a chattel?
A chattel is an item that is not attached to the property – if it can be unplugged, moved, or carried away without the need for uninstallation, it is most likely classed as chattel.
Chattels belong to the seller and are generally removed before settlement – unless the sale contract specifically lists them as an inclusion in the sale.
Examples of chattels
- Hung artwork and mirrors
- Rugs
- Furniture
- Potted plants
- Freestanding washing machines and dryers
- Dishwashers
- Fridge
- Outdoor furniture and freestanding garden ornaments
- Outdoor kitchens
- Microwave
- Freestanding wardrobes and bookshelves
What is a fixture?
A fixture is an item that is considered to be a component of either the building or land. A fixture will typically be set in place using bolts, hardwired, or cemented in the ground and cannot be easily removed.
Fixtures are usually included in a sale and remain a part of the property after settlement, unless they are expressly stated in a contract to be excluded.
Examples of fixtures
- Built-in wardrobes and shelves
- Kitchen cabinetry, benchtops, and splashbacks
- Fitted ovens, cooktops, and rangehoods
- Ducted and split-system air-conditioning units
- Hot water systems and heat pumps
- Solar panels and inverters
- Light fittings, downlights, and ceiling fans
- Bathroom vanities, toilets, baths, and shower screens
- Fixed floor coverings such as tiles and carpet flooring
- Garage doors
- Awnings and pergolas
- In-ground plants, trees, and hedges
- Letterboxes
How chattels and fixtures are determined
Most items are obvious – a freestanding fridge belongs to the seller, while a hardwired oven stays with the home. The law applies two tests to decide whether an item is a chattel or fixture.
The first test is the degree of annexation – this refers to whether the item is securely fixed to the property. An item resting in place under its own weight is presumed to be a chattel, while one that is bolted, wired, or cemented in is presumed to be a fixture.
The second test is the intention with which an item has been fixed to the land – why the item was attached. If the item was added for better enjoyment of the land or building, it may be a fixture. An item added for individual use or display is more likely to be a chattel.
Commonly disputed items for property sales
There are a few items that are more often disputed during a sale including:
- Curtains and blinds – the most common dispute. Fitted tracks, rails, and plantation shutters usually included/stay in place, but the curtains and removable blinds themselves can be contested.
- Dishwashers – a built-in, plumbed dishwasher is commonly contested.
- TV mounting brackets are sometimes taken by the seller.
- Solar panels – generally a fixture, but check for any finance, lease, or power-purchase agreement, as these liabilities may be transferable to buyers.
- Statement light fittings and chandeliers – sellers sometimes remove a high-end fitting and replace it with a basic one. If you want a particular fitting, list it in the sale contract.
- Pool and garden equipment – fixed pumps, filters, chlorinators, floating cleaners, robotic pool cleaners, and spa covers are often contested.
- Heaters – a gas heater plumbed into the wall is a fixture, but a plug-in panel heater is a chattel.
- Security and smart-home devices – hardwired alarms and cameras tend to stay, while plug-in cameras, video doorbells, and smart speakers usually go with the seller.
How to avoid chattels and fixtures disputes
The key principle is to ensure that the Contract contains a clear list of inclusions and exclusions.
In short, if you want certain items, fittings, or appliances being included in the sale, make sure it is listed as an inclusion in the contract of sale during negotiations.
Never assume that an item is a fixture – this is a mistake many buyers (particularly first-time buyers) make, which often leads to disappointment or unwanted disputes with the seller.
The pre-settlement inspection is the final time you’ll get to check what the property will come with. Confirm that every included item is present and communicate with your conveyancer if you have concerns.
