The vendor is generally required to remove all non-included items before settlement. Rubbish and perishables left behind can be disposed of in any appropriate manner. Other items — personal documents or goods — must be safeguarded and returned to the vendor, unless the vendor doesn't collect them, in which case you may dispose of them after a certain amount of time and after giving appropriate notice; the exact time and notice type depends on the type and value of the goods. This is more cautious than the QLD/VIC “abandoned” rule, which lets the buyer dispose of anything left behind more freely.
When it's not on the list: chattel or fixture?
If an item isn't dealt with in the contract, whether it stays comes down to whether it's a fixture (part of the property, so it stays) or a chattel (personal property the seller can take). Two things decide it: how firmly it's attached — something resting on its own weight, like a freestanding fridge or a potted plant, leans chattel, while something bolted, screwed, cemented or wired in that can't come off without damage leans fixture — and, more importantly, why it was attached: to improve the property itself, or just to use and enjoy the item. The safest course is not to rely on the test at all: if you want something, get it written into the Inclusions; if the seller intends to take an attached item such as a chandelier or a wall bracket, it should be listed as an exclusion.
A few modern items cause the most arguments. A wall-mounted TV is a chattel, but the bracket drilled into the wall is a fixture. Solar panels are fixtures — but check they're owned outright, because if they're leased or financed a third party may hold a security interest that has to be cleared before settlement. If an agreed item is missing, or a fixture has been stripped out when you do your final inspection, you generally can't cancel the contract over it, but your conveyancer can hold back or adjust funds at settlement to cover it.
Quick reference under the NSW Contract for Sale
The standard NSW contract has an Inclusions checklist on the front page — common items are pre-listed and count as included when ticked.
| Item | On the standard NSW inclusions list? | Contract action |
|---|---|---|
| Stove / oven, range hood, dishwasher | Yes — pre-listed inclusion | Confirm it is ticked in the contract |
| Blinds, curtains, fixed floor coverings, light fittings | Yes — pre-listed inclusions | Confirm they are ticked in the contract |
| Built-in wardrobes, insect screens | Yes — pre-listed inclusions | Confirm they are ticked in the contract |
| Freestanding fridge / washer / dryer | No | Write into the Inclusions if agreed |
| Pool cleaner, nets & poles | No | Write into the Inclusions if you want them |
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.
