Chattels and fixtures

One of the most avoidable disappointments in a property transaction 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 are generally movable items that remain personal property. Fixtures are items attached to the property in a way that generally makes them part of the property being sold. The distinction isn't always obvious, which is why the contract's inclusions and exclusions matter.

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 label is a starting point, not the answer: whether an item is a fixture or a chattel can indicate what stays, but the circumstances and the contract still decide it.
• 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.
• 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.
• Don't assume everything you see at an inspection is included: staging furniture, freestanding appliances and garden equipment may be removed before settlement.

1. The distinction that decides what you get

At its simplest, the difference is about whether the item has become part of the property. Chattels are personal property, such as furniture, loose appliances, pool equipment and garden tools, that generally remain movable. Fixtures, such as built-in wardrobes, fixed light fittings and permanently installed appliances, are attached in a way that generally makes them part of the property.

A useful rule of thumb: if removing an item would damage the property or affect its value, that may point towards it being a fixture. If it can be removed cleanly, it may be a chattel. But the circumstances and the contract still matter, and the label alone doesn't decide what transfers. 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 people grief: the chattels-versus-fixtures distinction is really a fallback. Where the contract doesn't clearly deal with an item, the fixture and chattel distinction can become important. 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, rather than relying on your reading of what counts as a fixture. Equally, if the seller intends to take something a buyer would 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. Clarifying it before signing is much easier than trying to resolve a disagreement at settlement.

What you see isn't necessarily what you get

A home may be styled with furniture, appliances, pool equipment, garden items and other things that aren't part of the sale.

Don't assume everything you see at an inspection is included. Staging furniture, freestanding appliances, garden equipment and other movable items may be removed before settlement. The contract is what tells you what is included.

3. How the states compare

The basic distinction is similar across all three states, but the standard contract wording and the treatment of particular items can differ. Use this as orientation, then read your state's explainer when the exact contract position matters.

• NSW: contract inclusions and exclusions are particularly important, so check what the contract says rather than relying on assumptions. What happens to items left behind can be governed by specific rules, so don't assume the buyer can keep or dispose of them.
• Queensland: the contract deals with inclusions and exclusions, with the specific treatment of chattels and fixtures explained in the QLD guide.
• Victoria: the standard contract has its own provisions around fixtures and fittings. Check the current contract and any exclusions.

4. 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: there can be additional questions about what belongs to the tenant and what must remain or be removed. See vacant possession and tenanted property.
• Relying on the fallback: the distinction matters most when the contract is silent. Don't lean on it when you could simply specify the item.

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?
• Is there anything shown at the inspection that I should confirm is included?
• If the property is tenanted, is that noted, and whose property must be cleared by settlement?

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 can help indicate what stays with a property, but the contract's inclusions and exclusions are what you should check before relying on that assumption.

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.

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.