Fixtures are generally things that form part of the property. Chattels are generally movable personal items. But the important question when you're buying or selling isn't only what an item is called. It's what the contract says is included or excluded.
As a practical rule of thumb, chattels are generally items that can be removed without becoming part of the property, while fixtures are attached in a way that makes them part of it. Whether removing something would damage the property or affect its value can point towards it being a fixture, but the circumstances and the contract still matter.
Whether you're buying or selling, check the contract of sale to see exactly what's included. If there's any doubt whether something counts as a chattel or a fixture, get it clarified in writing before you sign.
If an item is meant to stay or be removed, make that clear before the contract is signed, rather than relying on what is physically there on settlement day.
Quick reference: what's a chattel, what's a fixture
| Property item | Usually treated as | What to do |
|---|---|---|
| Built-in oven / cooktop | Generally a fixture | Check the inclusions and exclusions |
| Freestanding fridge / washer | Generally a chattel | If you expect it to stay, make sure it is clearly included |
| Fixed light fittings / ceiling fans | Generally fixtures | If one is being removed, make sure the exclusion is clear in the contract |
| Mounted TV wall bracket | May be treated as a fixture | If it is being removed, deal with the exclusion and any wall repairs in the contract |
| Robotic pool cleaner & poles | Generally chattels | If you expect them to stay, make sure they are clearly included |
When it's not obvious
Some items aren't as clear-cut. A wall-mounted TV, security cameras, solar equipment, curtains and blinds, a garden shed or outdoor play equipment can all raise questions about whether they form part of the property.
Don't try to resolve these by working out the label. If either side expects an item to be removed or left behind, the safest approach is to state that clearly in the contract.
What should buyers and sellers do?
If you're buying, check what you expect to stay. If you're selling, make clear anything you intend to take. Either way, the contract's inclusions and exclusions are what decide it.
If you're unsure whether something is included, ask your conveyancer to check the contract before you sign.
Common questions
What is the difference between a fixture and a chattel?
A fixture is generally an item attached to the property in a way that makes it part of the property, while a chattel is generally a movable item that remains personal property. The distinction isn't always obvious, so the contract should make clear what is included or excluded.
What is included in a property sale?
Generally, fixtures that form part of the property are included, while movable chattels may not be. The safest answer is to check the contract's inclusions and exclusions, because specific items can be included or excluded by agreement.
Are appliances included when you buy a house?
It depends on the appliance and what the contract says. Built-in appliances are generally treated differently from freestanding appliances, so don't assume a fridge, washing machine or other appliance will stay simply because it was there when you inspected the property.
What happens if the contract doesn't clearly say whether an item is included?
Don't rely on an assumption about whether the item is a fixture or a chattel. Ask for the position to be clarified in the contract before you sign. That can avoid an argument later about what was supposed to remain at the property.
