When you buy a property in Australia, understanding the difference between chattels and fixtures can save you from an unpleasant surprise on moving day. Fixtures are items considered part of the property because they are permanently attached, while chattels are movable items the previous owner can legally take with them. Mixing the two up is one of the most common causes of disputes between buyers and sellers.
This article explains the difference in everyday language, looks at the grey areas that most often cause arguments, and covers why the contract of sale matters so much. It is general information only, so talk to a conveyancer or solicitor about your specific contract before you sign.
What Is a Fixture, and How Is It Decided?
A fixture is anything attached to the land or building in a way that makes it part of the property. Common examples include built-in wardrobes, hot water systems, in-ground pools, wired-in ceiling fans, and anything bolted, screwed, cemented or plumbed into place.
Australian law generally applies what is known as the degree and purpose of annexation test to decide whether something is a fixture. This looks at how firmly an item is fixed and why it was installed. If removing it would cause damage, or it was clearly meant as a permanent improvement, it is usually a fixture rather than something the seller can take. Consumer Affairs Victoria’s information on buying and selling a home explains how this fits into a standard contract of sale.
Everyday examples of fixtures
Built-in stovetops and ovens, clotheslines set in concrete, fitted blinds, and television brackets screwed into wall studs are usually fixtures. Even if a seller loves a particular light fitting, if it is wired into the ceiling it generally stays with the house unless the contract says otherwise.
What Is a Chattel?
A chattel is a movable item that is not fixed to the property and can be taken away without causing damage. Furniture, freestanding appliances, potted plants, and rugs are typical chattels because they simply sit on the property rather than being part of it.
Unless the contract of sale says a chattel is included, a seller can generally pack it up and take it. Buyers should never assume an item will stay just because it looks like it belongs. The MoneySmart guide to buying a home is a useful starting point for understanding how contracts, deposits and settlement fit together, alongside advice from your conveyancer.
Common Grey Areas That Cause Arguments
Some items sit right on the line between chattel and fixture, and this is where most disagreements happen. These grey areas are worth double checking in every contract of sale, because assumptions can easily go wrong.
- Dishwashers: often just plugged in and slid under a benchtop, so they can be either a chattel or a fixture depending on how they are installed.
- Light fittings and lampshades: wired-in lights are usually fixtures, but decorative shades a seller has personally chosen are sometimes swapped out before settlement.
- Garden sheds: a shed bolted to a concrete slab is generally a fixture, while a small freestanding shed with no fixed base may be treated as a chattel.
- Curtains and blinds: curtains on a track are often considered chattels, while blinds attached to the window frame usually count as fixtures.
- Wall-mounted televisions: the TV itself is typically a chattel, but the wall bracket screwed into the studs is usually a fixture.
Why the Contract of Sale Should List Inclusions and Exclusions
The best way to avoid confusion over chattels and fixtures is to have everything spelled out in the contract of sale. Most standard contracts include a section for inclusions and exclusions, where specific items can be listed by name.
If a seller plans to take something normally considered a fixture, such as a dishwasher or garden shed, this should be written into the exclusions. Likewise, a chattel a buyer wants to keep, like a freestanding fireplace, should be listed as an inclusion. Fair Trading NSW’s guidance on contracts of sale outlines what a typical contract should cover, though a conveyancer or solicitor should always review the specific wording before you sign.
Check during your property inspection too
It helps to walk through the property inspection with the inclusions and exclusions list in hand, checking everything mentioned is present and working before settlement day.
What Happens if There’s a Dispute After Settlement?
Disputes over chattels and fixtures sometimes only come to light after settlement, when the buyer discovers an item they expected is missing. This can be frustrating, but there are steps available.
The first step is usually to review the signed contract of sale to see exactly what was listed as included or excluded. If the paperwork is clear, this often resolves things quickly. If not, a conveyancer or solicitor can advise on next steps, which may include formal correspondence or, in serious cases, legal action.
If a dispute involves a financial institution, such as a lender, the Australian Financial Complaints Authority can be a place to raise concerns about how that firm handled things. For disagreements purely between buyer and seller, independent legal advice is the more relevant path.
Tips to Help Buyers and Sellers Avoid Disagreements
A little care before signing can prevent most chattels and fixtures disputes altogether. Buyers should read the inclusions and exclusions carefully and ask questions about anything unclear, rather than assuming.
Sellers should be upfront early about anything they intend to remove, especially items that could be mistaken for fixtures. It is also worth photographing the property inspection as a record of what was present. The Queensland Government’s property buying and selling guidance has general resources on what to check before settlement, and a buyer’s agent or conveyancer can help make sure nothing important is missed.
Conclusion
Knowing the difference between chattels and fixtures protects both buyers and sellers from unnecessary stress. Fixtures generally stay with the property, chattels generally leave with the seller, but the safest approach is always to have everything clearly written into the contract of sale.
Every property and every contract is different, so it is worth speaking with a conveyancer or solicitor about your specific situation before you sign anything. If you are still searching for the right property, explore seen.com.au to browse apartments, townhouses and land estates across Australia’s major cities.
FAQs
1. What is the main difference between chattels and fixtures?
Fixtures are items permanently attached to a property, like built-in cupboards or hot water systems, while chattels are movable items such as furniture or freestanding appliances. Fixtures generally stay with the property when sold, while chattels usually go with the seller unless the contract says otherwise.
2. Are curtains and blinds fixtures or chattels?
It depends how they are attached. Blinds fitted to a window frame are usually fixtures, while curtains on a removable track are more often chattels, so check the contract of sale.
3. Can a seller take a dishwasher or light fittings when they move out?
It depends on how the item is installed and what the contract says. A built-in, wired or plumbed item is more likely a fixture that stays, while something simply plugged in may be a chattel unless it is listed as included.
4. What should I do if an item is missing after settlement?
Check exactly what the contract of sale listed as inclusions and exclusions. If something promised is missing, contact your conveyancer or solicitor, as they can advise on next steps based on the paperwork.
5. How can I avoid disputes over chattels and fixtures when buying a home?
Read the inclusions and exclusions section closely before signing, and raise questions with the seller’s agent early. Comparing the property inspection against this list, and getting advice from a conveyancer, helps confirm everything matches before settlement.