Fixtures and Fittings – what stays and what goes when you buy a property?

Congratulations, your offer on your new home or investment property has been accepted! While this is fantastic news, it's crucial to understand exactly what comes with the property when the settlement occurs. Is it everything you saw during your property inspection? Well, not quite – some of the items in the property belong to the seller. You probably didn't expect to have that large plasma TV thrown in as part of the deal, did you? But what about the dishwasher? Does it stay or can the seller take it with them? How do you determine what stays and what goes?

There is a fundamental legal principle that comes into play when you purchase a property – you acquire the title transfer, which grants you rights to the land and anything affixed to it. This encompasses the dwelling and everything affixed to the dwelling. A simple way to think of it, as one solicitor put it, is to imagine turning the house upside down. Anything that doesn't fall out doesn't stay with the house when you take possession.

In legal terms, there are generally two categories of items in a property: fixtures and fittings.

1. Fixtures: These are items physically attached or 'fixed' to the property and are considered part of it. Examples include light fixtures, built-in wardrobes, kitchen units, central heating systems, or even the garden shed. Essentially, these are the components that remain part of the property and are sold with it.

2. Fittings: These are movable items that the seller can take with them at settlement. They are 'free-standing' or easily removable without causing damage to the property. Examples of fittings might include curtains, rugs, free-standing appliances, loose furniture, or movable garden furniture.

However, sometimes the distinction isn't clear-cut. For instance, the seller may have purchased a new dishwasher only a few months ago – it might look built-in, but there may not be any screws holding it in place. So, does it stay or go?

This is why it's vital, when buying or selling a property, to complete the section of the sales contract that deals with the included items. Clear communication is key to avoiding misunderstandings or unwelcome surprises. Sellers should create an inventory list known as the fixtures and fittings form, specifying what stays and what they plan to take with them.

Prospective buyers can then negotiate if there are specific items they want included or excluded from the sale. Often, the contract may specify that the sale includes certain items, such as fixed floor coverings, light fittings, and window furnishings while excluding items like the garden shed in the backyard.

If there is any uncertainty about an item, it's advisable to consult the selling agent and ensure it is explicitly mentioned in the contract, as differing expectations between the buyer and seller can lead to disputes.

To illustrate this point, let's use the example of a dishwasher once more. Generally, if the dishwasher is free-standing, it's considered a fitting and can be taken by the seller. However, if it's mounted under a bench, it's typically considered a fixture and remains with the property.

In conclusion, understanding the nuances of fixtures and fittings in property transactions can save both time and potential frustration for buyers and sellers alike. With transparent communication, careful negotiation, and precise documentation, the process can be streamlined to ensure that everyone is on the same page regarding what is included in the sale. Always remember, whether you're a buyer or seller, the devil is in the details.