Chattels and fixtures

One of the most common — and most avoidable — disappointments in a property purchase is turning up on settlement day to find the dishwasher gone, the pool cleaner missing, or curtains you assumed were yours taken off the rails. It usually comes down to a single distinction: chattels versus fixtures. Chattels are movable items that generally aren't included in a sale unless the contract says so; fixtures are attached to the property in a permanent way and are generally included. This guide frames how that distinction works, why the contract matters more than any assumption, and how the states handle the edge cases. For the exact treatment where you're buying, the state explainers below carry the detail.

Key takeaways

• The core test: if removing an item would damage the property or reduce its value, it's usually a fixture (included); if it lifts out cleanly, it's usually a chattel (not included unless agreed).
• The contract beats the rule: whatever you assume, what actually transfers is what the contract's inclusions and exclusions say.
• Get doubt resolved in writing: if it's unclear whether something stays, clarify it in the contract before you sign — not after.
• States differ at the edges: what a standard contract includes by default, and what happens to items left behind, varies across NSW, QLD and VIC.
• Tenanted properties add a wrinkle: in QLD and VIC, an unnoted tenancy can affect whose belongings must be cleared before settlement.

1. The distinction that decides what you get

At its simplest, the difference is about permanence. Chattels are personal property — furniture, loose appliances, pool equipment, garden tools — that can be removed without harming the property, and they don't come with the sale unless specifically agreed. Fixtures — built-in wardrobes, light fittings, permanently installed appliances — are attached in a more lasting way and generally do come with the property. The practical test everyone uses is the damage test: would removing the item damage the property or reduce its value? If yes, it's likely a fixture. If it lifts out cleanly, it's likely a chattel. The chattels and fixtures explainer works through the definition in full.

Common items at a glance

2. Why the contract matters more than the rule

Here's the part that saves buyers grief: the chattels-versus-fixtures rule is really a fallback. It only decides things when the contract is silent or unclear. In practice the contract's inclusions and exclusions list is what governs — so if you want the fridge, the wall-mounted TV bracket or the shed included, the reliable move is to have it named in the contract, not to rely on your reading of what counts as a fixture. Equally, if the seller intends to take something you'd assume is fixed, that should be listed as an exclusion. Whenever there's any doubt about a specific item, get it clarified in writing before you sign. It's a five-minute conversation that prevents the most common settlement-day dispute there is.

3. How the states compare

What a standard contract tends to include by default, and how goods left behind after settlement are treated, both vary by state — with NSW notably more cautious than QLD or VIC about disposing of items left behind, which can't simply be treated as abandoned. Use this as orientation, then read your state's explainer for the specifics.

4. Red flags and things to watch

• Assuming instead of listing: "surely the dishwasher stays" is how disputes start — if it matters, name it in the contract.
• Ambiguous items: wall-mounted TVs and brackets, freestanding vs built-in appliances, pool equipment, planters and sheds are classic grey areas.
• Photos vs reality: staging furniture and fittings shown at inspection may be chattels the seller intends to take.
• A tenanted property: if a tenancy isn't noted in the contract, be clear on whose belongings must be cleared before settlement.
• Relying on the fallback rule: the default only applies when the contract is silent — don't lean on it when you could simply specify.

5. Questions to ask before you sign

• Does the contract's inclusions list name every item I'm expecting to keep?
• Are there exclusions listed that I assumed were staying?
• For any ambiguous item, is it clarified in writing as included or excluded?
• What does a standard contract include by default in this state?
• If the property is tenanted, is that noted, and whose property must be cleared by settlement?

This guide is general information, not legal advice. Rules vary by state and change over time; confirm your situation with a licensed conveyancer or solicitor.