Buying or selling a property is a big investment, and it’s easy to get caught up in the excitement. One detail buyers and sellers often overlook is the difference between fixtures and fittings. Getting it wrong can lead to disappointment at the final inspection — or a dispute after settlement.
Here, our Melbourne conveyancing lawyers explain the difference, how it works in a Victorian contract of sale, and how to avoid problems.
What are fixtures?
Fixtures are items attached to the land or building so that they form part of the property. They generally can’t be removed without causing damage, and they stay with the property when it is sold unless the contract says otherwise.
Common examples of fixtures
- built-in kitchen appliances, such as ovens, cooktops and dishwashers
- bathroom items — basins, baths, toilets and vanities
- built-in wardrobes and cabinetry
- ducted heating, split-system air conditioners and hot water systems
- fixed floor coverings and light fittings
- fences, gates, garden sheds fixed to the ground and in-ground pools
What are fittings (chattels)?
Fittings — often called chattels — are free-standing items that can be removed without damaging the property. They are the seller’s personal property and are not included in the sale unless the contract specifically lists them.
Common examples of fittings
- furniture, rugs and pot plants
- freestanding fridges, washing machines and dryers
- televisions and sound systems (even if wall-mounted, the TV itself is usually a chattel)
- outdoor furniture and barbecues that are not built in
How the law tells them apart
Courts look at two main questions:
- Degree of attachment — how firmly is the item fixed, and would removing it cause damage?
- Purpose of attachment — was it attached to improve the property permanently, or just so it could be used or enjoyed as a movable item?
Some items fall in a grey area — for example, curtains and blinds, pool equipment, wall-mounted TV brackets, solar batteries or garden ornaments. These are exactly the items that cause disputes.
Fixtures and fittings in a Victorian contract of sale
In Victoria, the standard contract of sale includes a section in the particulars of sale for goods sold with the land. The standard contract says the land includes all improvements and fixtures, but other goods are only included if they are listed. Agents commonly list items such as fixed floor coverings, light fittings, window furnishings and heating and cooling units — but you should never assume. Always check what is listed, and what is excluded.
Tips for buyers
- Note items you expect to stay when you inspect, and ask the agent to confirm them in writing.
- Make sure grey-area items (curtains, appliances, pool equipment) are listed in the contract.
- Check everything at the pre-settlement inspection.
- Have a lawyer review the contract before you sign.
Tips for sellers
- Tell your agent early about any fixtures you want to take — such as a chandelier or a heritage mantelpiece — and exclude them in the contract.
- Replace excluded fixtures before marketing if possible, so buyers aren’t disappointed.
- Leave the property in the condition the contract requires, and repair any damage from removing items.
Fixtures and fittings: a room-by-room checklist
Use this checklist at inspections and when you read the contract. It shows what usually stays and what usually goes. How an item is attached, and what the contract says, always decides the final answer.
Kitchen
- Usually fixtures: benchtops, cabinetry, sink and tapware, built-in oven, cooktop, rangehood, built-in or integrated dishwasher, splashbacks.
- Usually fittings: freestanding fridge, microwave on the bench, freestanding dishwasher.
- Check: integrated fridges, plumbed-in fridges, wine fridges and built-in coffee machines.
Bathrooms and laundry
- Usually fixtures: toilet, vanity, basin, bath, shower screen, tapware, mirrored cabinets screwed to the wall, heated towel rails, exhaust fans, laundry trough.
- Usually fittings: freestanding washing machine and dryer, bath mats, toiletry shelving that just sits in place.
- Check: wall-mounted dryers and freestanding mirrors.
Living areas
- Usually fixtures: built-in shelving and entertainment units, fixed light fittings, ceiling fans, fireplaces, mantelpieces, wall-to-wall carpet.
- Usually fittings: furniture, rugs, lamps, freestanding bookcases, the television itself.
- Check: curtains, blinds and rods, chandeliers and pendant lights, TV brackets and wall-mounted speakers.
Bedrooms
- Usually fixtures: built-in wardrobes and robe fit-outs, fixed lighting, carpet.
- Usually fittings: beds, freestanding wardrobes, dressers and mirrors.
- Check: modular wardrobe systems, blockout blinds and wall-mounted shelving.
Outdoor areas and garden
- Usually fixtures: fences and gates, decking, pergolas, in-ground pools and their fencing, built-in barbecues, established trees and in-ground plants, irrigation systems, letterbox, clothesline fixed to the ground or wall.
- Usually fittings: outdoor furniture, portable barbecues, pot plants, freestanding play equipment, garden statues that simply sit on the ground.
- Check: pool pumps, chlorinators, pool cleaners and covers, water tanks, garden lighting and above-ground spas.
Garage and shed
- Usually fixtures: garage doors and remote motors, sheds bolted to a slab, fixed workbenches and built-in storage.
- Usually fittings: tools, freestanding shelving, a second fridge or freezer, a portable or skid-mounted shed.
- Check: the garage door remotes themselves (make sure they are handed over), EV chargers and wall-mounted storage systems.
Solar, heating, cooling and hot water
- Usually fixtures: solar panels and inverters, ducted heating and cooling, split-system air conditioners, hot water systems, gas wall heaters.
- Usually fittings: portable heaters, fans and evaporative coolers that plug in.
- Check: home batteries, leased solar or battery systems (which may not belong to the seller at all), and any finance or rental agreements attached to them.
Smart-home technology
- Usually fixtures: hard-wired alarm systems, intercoms, video doorbells wired into the house, smart switches and built-in speakers.
- Usually fittings: smart speakers, plug-in cameras, hubs and other devices that simply plug in.
- Check: who owns the accounts and subscriptions. Ask the seller to hand over codes, remotes and app access, and to remove their accounts, at settlement.
If an item matters to you, the safest course is to name it in the contract, either as included or excluded.
Landlord fixtures and fittings
In a rental property, the fixtures and appliances supplied by the rental provider (such as the oven, heating, hot water system and blinds) belong to the rental provider, and the rental provider is generally responsible for keeping them in good repair. Victorian renters can make some minor changes without consent, such as installing picture hooks in certain walls, but most other changes need the rental provider’s consent, and renters are generally expected to restore the property when they leave. See Consumer Affairs Victoria for the current rules.
If you are buying a tenanted property, check that items the renter installed and owns are not listed as goods sold with the land.
Is fixtures and fittings an asset?
In accounting, yes. “Fixtures and fittings” is a common category of non-current (fixed) assets on a business balance sheet, covering items such as shop fit-outs, counters, shelving and lighting. They are recorded at cost and depreciated over their useful life. How they are treated for tax can differ, so speak to your accountant. In a property sale, by contrast, the question is not about the balance sheet but about whether an item passes to the buyer with the land.
Frequently asked questions
It depends on how they are attached and what the contract says. Window furnishings are often listed as goods sold with the land in Victorian contracts, but always confirm in the particulars of sale.
A built-in dishwasher is generally a fixture and should stay. A freestanding dishwasher may be a chattel. Check the contract.
Raise it immediately with your conveyancer before settlement. Depending on the contract, you may be able to require its return or claim compensation.
Solar panels fixed to the roof are generally fixtures and stay with the house. Batteries and leased systems are less clear, so make sure the contract deals with them.
The television itself is usually a chattel the seller can take. The bracket may be treated as a fixture, so the contract should say whether it stays and who repairs the wall.
In accounting, yes. Fixtures and fittings are non-current assets on a business balance sheet and are depreciated over time. In a property sale, the question is whether they pass to the buyer with the land.
Buying or selling? Get it right from the start
Our conveyancing team will make sure your contract clearly sets out what is included in the sale, so there are no surprises at settlement. Buyers can also have the contract checked with our fixed-fee contract review.