Fixtures

Fixtures are items that have been permanently affixed to the land or buildings and are legally considered part of the property. Unlike chattels, fixtures pass to the new owner automatically — they don't need to be listed in the sale and purchase agreement.

Common fixtures include built-in wardrobes, kitchen cabinetry, bathroom fittings (toilets, basins, showers), fixed lighting, ducted heating systems, built-in dishwashers, hot water cylinders, and permanently installed garden features like retaining walls or paved areas.

The legal test for whether something is a fixture considers the degree of attachment (how firmly it's fixed), the purpose of the attachment (was it intended to be permanent?), and the damage that would be caused by removing it. A heat pump permanently mounted to a wall is generally a fixture; a portable heater is a chattel.

Disputes about fixtures versus chattels are common in property transactions. The seller might assume they can take the designer light fittings they installed; you might assume they're included. Clarity is essential.

If there's any doubt about whether an item is a fixture or a chattel, address it explicitly in the sale and purchase agreement. If the seller wants to take an item that could be considered a fixture, it should be specifically excluded in writing. Your lawyer can advise on grey areas.

Walk through the property and note anything attached to the buildings or land. Cross-reference with the chattels list in the sale and purchase agreement. Anything permanently attached that isn't specifically excluded should transfer with the property. Discuss any grey areas with your lawyer before going unconditional.