Fixtures
Items permanently attached to the property that automatically transfer with the land and buildings when the property is sold.
What is a 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.
Why It Matters for Due Diligence
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.
How to Check
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.
Frequently Asked Questions
Can the seller remove fixtures before settlement?
Generally no. Fixtures are part of the property and should remain when ownership transfers. If the seller removes fixtures without agreement, they may be in breach of the sale and purchase agreement and liable for the cost of replacement.
Is a heat pump a fixture or a chattel?
A permanently mounted heat pump is generally considered a fixture and should stay with the property. However, it's common practice to list heat pumps on the chattels list to avoid any ambiguity. Check the agreement to be sure.
Related Terms
Chattels
GlossaryMoveable items included in the sale of a property, such as curtains, light fittings, appliances, and garden sheds.
Sale and Purchase Agreement
GlossaryThe legally binding contract between buyer and seller that sets out all the terms and conditions for a property transaction in New Zealand.
Settlement
GlossaryThe day ownership of a property officially transfers from the seller to the buyer and the purchase price is paid in full.
Unconditional
GlossaryThe status of a sale and purchase agreement once all conditions have been satisfied or waived, making both parties legally committed to the transaction.
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