Chattels and fixtures
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Chattels and Fixtures (NSW)

What are inclusions and exclusions in an NSW property contract?

Inclusions are items expected to remain in the property when you take over ownership — for example curtains, stove and dishwasher in most residential properties. Exclusions are items fixed to the property that the vendor plans to take with them at settlement. Where inclusions/exclusions aren't clearly stated in the contract, the chattels/fixtures rules (same definitions used in QLD and VIC) are applied to resolve disputes.

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.

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.

ItemOn the standard NSW inclusions list?Contract action
Stove / oven, range hood, dishwasherYes — pre-listed inclusionConfirm it is ticked in the contract
Blinds, curtains, fixed floor coverings, light fittingsYes — pre-listed inclusionsConfirm they are ticked in the contract
Built-in wardrobes, insect screensYes — pre-listed inclusionsConfirm they are ticked in the contract
Freestanding fridge / washer / dryerNoWrite into the Inclusions if agreed
Pool cleaner, nets & polesNoWrite into the Inclusions if you want them

The dishwasher that wasn't included

Inclusions and exclusions in practice (NSW)

In our experience with NSW contracts, disputes over what stays and what goes almost always trace back to inclusions and exclusions that weren't spelled out clearly. Buyers assume something like the dishwasher, stove or curtains is staying, and the vendor assumes the opposite.

A couple of patterns come up regularly:

  • Items a buyer expected to remain being taken at settlement, because they were never listed as inclusions.
  • Goods left behind that the vendor should have removed — where NSW's more cautious rules on handling abandoned items apply.

What we do is make sure the inclusions and exclusions are set out explicitly in the contract before signing, so nobody is relying on the fallback chattels-and-fixtures rules to resolve an argument after settlement.

The takeaway: if you want it to stay, get it named in the contract — don't leave inclusions to assumption.

Common questions

What's the difference between inclusions and an item being a "fixture" in NSW?

Inclusions/exclusions are what the contract states directly; chattels/fixtures rules are only used as a fallback when the contract isn't clear.

What if the vendor leaves personal belongings behind in NSW?

Unlike QLD/VIC, you generally need to safeguard and offer them back to the vendor first, and can only dispose of them after a notice period — rubbish and perishables are the exception and can be disposed of freely.

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