What Is the Difference Between a Fixture and a Fitting in a Property Sale?
One of the most common sources of dispute in property transactions across Queensland and New South Wales arises not from the contract price or the settlement date, but from a far more practical question: what is actually included in the sale?
When a buyer (purchaser) inspects a property and falls in love with it, they are often assuming that what they see is what they will get. The reality is more nuanced. In both QLD and NSW, the question of what is included in a property sale is governed by a combination of legal principles, contract terms and common sense, and getting it wrong causes genuine conflict at final inspection and settlement.
Understanding the difference between fixtures, fittings and inclusions, and ensuring the contract clearly documents what is and is not included, is one of the most practically important things a buyer (purchaser) or seller (vendor) can do before signing anything.
General information only, not legal advice. Contact Milana Law before signing any contract to ensure inclusions and exclusions are clearly documented in your specific transaction.
What Is a Fixture in a Property Sale?
A fixture is an item that is permanently attached to the property, physically connected to the land or the building in a way that makes it part of the property itself. As a general legal principle, fixtures pass with the property on sale unless the contract specifically excludes them.
The legal test for whether something is a fixture typically considers two things:
The degree of annexation: how firmly is the item attached to the property? Something bolted or cemented in place is more likely to be a fixture than something that can be lifted away without damage.
The purpose of annexation: was the item attached for the permanent improvement of the property, or for the temporary convenience of the owner? An item attached to permanently improve the property is more likely to be treated as a fixture.
Common examples of items generally considered fixtures in both QLD and NSW include:
- Built-in wardrobes and cupboards
- Kitchen benchtops and cabinetry
- Dishwashers that are permanently plumbed in
- Light fittings and ceiling fans attached to the ceiling
- Air conditioning systems, both ducted and wall-mounted units
- Curtain rods and tracks that are fixed to walls
- Garden sheds on concrete slabs or anchored foundations
- Swimming pools and pool equipment
- Solar panels and inverters
- Alarm systems that are hardwired
- Intercom systems
What Is a Fitting or Chattel in a Property Sale?
A fitting, also called a chattel, is an item that is not permanently attached to the property and can be removed without causing damage to the building or land. Fittings generally do not pass with the property on sale unless the contract specifically includes them.
Common examples of items generally considered fittings or chattels include:
- Freestanding furniture, sofas, beds, tables, chairs
- Freestanding appliances, fridge, washing machine, dryer
- Freestanding lamps and portable lighting
- Pot plants in moveable containers
- Artwork and mirrors that are simply hung on walls
- Curtains and blinds that can be removed without damaging the tracks
- Portable garden equipment, lawnmowers, tools
What Are Inclusions in a Property Contract?
Inclusions are items that the parties have specifically agreed will be included in the sale, regardless of whether they would technically be classified as a fixture or a fitting under general law. Inclusions are listed in the contract.
In both QLD and NSW, the contract for the sale of property allows the parties to specifically list inclusions, items that the vendor (seller) agrees will remain at the property and be transferred to the purchaser (buyer) as part of the sale.
Common inclusions that are specifically listed in contracts include:
- Curtains and blinds
- Light fittings and pendant lights
- Dishwasher
- Oven and cooktop
- Range hood
- Air conditioning units, particularly portable or window units
- Garden shed
- Pool equipment and accessories
- Remote controls, garage door, air conditioning, gate
- TV antenna
- Solar panels and battery systems
What Are Exclusions in a Property Contract?
Exclusions are items that the vendor (seller) specifically intends to take when they leave, items that might otherwise be assumed to be included, or that could be disputed without clear documentation. Exclusions are listed in the contract.
Common exclusions that vendors specifically list include:
- A particular light fitting or chandelier of sentimental value
- A freestanding garden feature or sculpture
- A specific built-in bookcase or shelving unit the vendor intends to take
- A particular potted plant or garden feature
- A satellite dish or smart home equipment the vendor intends to use elsewhere
What Happens If the Contract Is Silent on an Item?
This is where disputes arise. If a contract does not specifically include or exclude an item, the parties fall back on the general legal principles of fixtures versus fittings, and those principles are not always clear-cut.
The grey areas include items like:
Curtains and blinds
Technically, curtain tracks and rods may be fixtures, permanently attached to the wall. The curtains or blinds hanging from them may be fittings, removable without damage. Whether the curtains, blinds, tracks and rods are all included or just some of them is a common source of dispute. The safest approach is to specifically list them in the contract.
Light fittings
Standard light fittings attached to the ceiling are generally considered fixtures and pass with the property. However, a decorative pendant light or chandelier of significant value that the vendor purchased separately may be a grey area, particularly if the vendor always intended to take it. Listing valuable light fittings as inclusions or exclusions in the contract removes the ambiguity.
Dishwashers
A built-in, permanently plumbed dishwasher is generally a fixture. A freestanding dishwasher that happens to be in the kitchen space is more likely to be a fitting. The distinction matters, and if it is not clear from the property, it should be documented in the contract.
Garden sheds
A garden shed bolted to a concrete slab or attached to the fence is more likely to be a fixture. A portable flat-pack shed sitting on grass is more likely to be a chattel. Documenting the intention in the contract is always safer.
Air conditioning units
Ducted air conditioning systems are almost always fixtures, they are integral to the building. Wall-mounted split systems are generally fixtures by virtue of being permanently installed. Portable air conditioners are chattels. Disputes most often arise around whether remotes and accessories are included, always list these specifically.
Solar panels
Solar panels are generally considered fixtures, they are permanently attached to the roof. However, disputes arise about whether the inverter, battery storage system and monitoring equipment are included. These should always be specifically listed in the contract.
How Does This Work in QLD Contracts?
In Queensland, the standard REIQ contract for houses and residential land includes specific sections for listing inclusions and exclusions. The standard form includes a list of commonly disputed items, such as curtains and blinds, light fittings and pool equipment, with check boxes or spaces to document what is and is not included.
Under the QLD seller disclosure regime effective from 1 August 2025, a vendor is required to provide accurate disclosure about the property before the buyer signs the contract. While the Form 2 Seller Disclosure Statement does not specifically cover inclusions and exclusions in the same way as the contract, misrepresentation about what is included in a property, particularly where a buyer has relied on that representation, can have legal consequences.
Buyers in QLD should review the inclusions and exclusions schedule of the REIQ contract carefully before signing and instruct their conveyancer if anything needs to be added, clarified or amended.
How Does This Work in NSW Contracts?
In New South Wales, fixtures and inclusions are listed in the Contract for Sale. The key rule in NSW is straightforward but often misunderstood: if an item is not specifically included in the contract, the vendor can remove it before settlement, as long as they make good any damage caused by the removal.
A practical example: if a dishwasher is in the property at the time of inspection but is not ticked as an inclusion in the contract, the vendor is entitled to take it, provided they repair any holes or damage left behind. The same applies to TV wall brackets, a vendor can remove them, but must fix the holes in the wall. However, a special condition can be included in the contract saying the vendor will not make good, in which case that condition governs.
It is standard in NSW that kitchen appliances and fixtures will remain with the property, but unless they are specifically ticked in the contract, the vendor is within their rights to take them.
There are genuine stories in NSW of vendors removing even light fixtures because they were not listed as inclusions in the contract. This is legally permitted in NSW, which is why at Milana Law, if an item is not ticked, we bring it to our client’s attention immediately. Purchasers should never assume an item is included simply because it was present at the inspection.
Because the NSW Contract for Sale must be prepared and available before the property can be advertised, the inclusions and exclusions schedule is established before any purchaser makes an offer. This means:
- Vendors should give Milana Law clear instructions about inclusions and exclusions at the very start of the sale process, before the contract is sent to the agent
- Purchasers reviewing the contract before exchange should check every item in the inclusions schedule carefully, if something you expect to be included is not ticked, raise it with Milana Law before exchange
- Once contracts are exchanged in NSW, amending the inclusions schedule requires agreement from both parties, it cannot be done unilaterally
- The NSW contract has been updated to include a broader range of items, making it more important than ever to review the schedule carefully before exchange
What Should Buyers and Purchasers Check at the Final Inspection?
The final inspection, conducted in the 24 to 48 hours before settlement, is the buyer’s (purchaser’s) last opportunity to confirm that all agreed inclusions are present and in working order. Evidence of the property’s condition and inclusions should be documented on or before exchange, before the contract is signed, because by settlement, any dispute about what was present at the time of the contract becomes very difficult to resolve.
At the final inspection, buyers and purchasers should specifically check:
- All items listed as inclusions in the contract are present at the property
- All listed appliances are in working order, test the oven, cooktop, dishwasher, air conditioning and any other included appliances
- All remote controls are present, garage door remotes, air conditioning remotes, gate remotes
- All keys are available, house keys, letterbox keys, garage keys, shed keys
- The property is in the same condition as when the contract was signed, no damage has occurred
- The property is vacant, vacant possession has been provided
If an inclusion is missing or damaged at the final inspection, contact Milana Law immediately, before settlement proceeds. Raising the issue before settlement gives the most options. Raising it after settlement is significantly more difficult and less certain.
What Happens If an Inclusion Is Missing at Settlement?
If an item listed as an inclusion in the contract is missing or has been damaged by the time of the final inspection or settlement, the purchaser has options, but timing matters enormously.
If raised before settlement:
The purchaser’s conveyancer can request that the vendor replace or repair the item before settlement, or negotiate a price adjustment to reflect the missing or damaged inclusion. A holdback of funds may be agreed, where an amount is held from the vendor’s settlement proceeds pending resolution of the issue.
If raised after settlement:
Once settlement has occurred, the purchaser’s options are more limited. While a claim may be possible in some circumstances, pursuing it after settlement typically involves legal action, which is slower, more expensive and less certain than resolving the issue before settlement.
This is why the final inspection is so important, and why documenting the property’s condition on or before exchange, not just at the final inspection, provides the strongest protection.
Frequently Asked Questions About Inclusions in Property Sales
Q: Does a dishwasher automatically come with the property?
Not automatically, and this is particularly important in NSW. In NSW, if a dishwasher is present in the property but is not ticked as an inclusion in the contract, the vendor is entitled to remove it before settlement, provided they repair any damage caused by the removal. In QLD, the inclusions schedule of the REIQ contract should also be checked carefully. In both states, the safest approach is to ensure any item you expect to be included is specifically listed and ticked in the contract before exchange or signing.
Q: Do curtains and blinds stay with the property?
This is one of the most commonly disputed items, particularly in NSW. In NSW, unless curtains, blinds, tracks and rods are specifically ticked as inclusions in the Contract for Sale, the vendor may be entitled to remove them. It is standard for these items to remain with the property in most transactions, but standard does not mean automatic. If they are not ticked in the contract, the vendor can take them. At Milana Law, if we notice items are not ticked, we flag this to our client immediately so they can address it before exchange.
Q: Can a vendor take light fittings when they move out?
In NSW, yes, if they are not listed as inclusions in the contract. There are well-known stories in NSW of vendors removing every light fitting from a property at settlement because they were not ticked as inclusions in the Contract for Sale. This is legally permitted. In NSW, if a light fitting is not specifically included in the contract, the vendor can take it, provided they make good any damage. This is why at Milana Law, we review every item in the inclusions schedule with our purchaser clients and bring any unticked items to their attention before exchange. A vendor who wishes to take a particular fitting should list it as an exclusion, and should ensure the contract is clear about whether make-good obligations apply.
Q: What if the vendor removes something between exchange and settlement?
If a vendor removes an item that was either listed as an inclusion or was a fixture at the time of exchange, and has not been replaced, the purchaser may have a claim for breach of contract. This is exactly the kind of issue to raise with Milana Law immediately, before settlement if at all possible.
Q: Are solar panels included in the sale?
Solar panels are generally considered fixtures, permanently attached to the roof, and pass with the property unless specifically excluded. However, the inverter, battery storage and monitoring systems should be specifically listed as inclusions in the contract to avoid any ambiguity. Remotes and manuals for solar systems should also be listed.
Q: What about pool equipment?
Pool equipment, pumps, filters, cleaning equipment, salt chlorinators and any automatic pool cleaners, should be specifically listed as inclusions in the contract if the purchaser expects them to be included. Remote controls and manuals for pool equipment are a common source of dispute and should be specifically documented.
Q: Can we negotiate inclusions after we have already exchanged contracts in NSW?
Yes, but only by agreement of both parties, documented in writing by both conveyancers. Once contracts are exchanged in NSW, neither party can unilaterally amend the inclusions schedule. The strong preference is always to raise inclusion concerns before exchange, because once you have exchanged, your leverage is significantly reduced and any change depends entirely on the vendor’s willingness to agree. If you notice something is not ticked before exchange, raise it with Milana Law immediately, that is the moment to act.
How Milana Law Protects Buyers and Sellers on Inclusions
At Milana Law, we ensure that inclusions and exclusions are clearly documented in every contract we prepare or review, eliminating the ambiguity that causes disputes at final inspection and settlement.
For QLD sellers (vendors):
✅ We review the inclusions and exclusions schedule of the REIQ contract with every vendor client before the contract is signed
✅ We advise on items that are commonly disputed and ensure the vendor’s intentions are clearly documented
✅ We manage any inclusion-related issues that arise at the final inspection or before settlement
For NSW vendors:
✅ We prepare the Contract for Sale with a clear and accurate inclusions and exclusions schedule
✅ We take detailed instructions from the vendor at the outset so that inclusions and exclusions reflect the vendor’s actual intentions before the contract goes to the agent
For QLD buyers and NSW purchasers:
✅ We review the inclusions schedule before you sign or exchange, flagging anything that is unclear or missing
✅ We advise you to document the condition of the property and all inclusions on or before exchange, before you are legally committed
✅ We manage any inclusion issues that arise at the final inspection promptly and effectively, before settlement if at all possible
✅ We are available after hours for urgent pre-settlement issues, because final inspection disputes do not happen at convenient times
📞 QLD: 07 3522 1422 | 📞 NSW: 02 8360 8999 | 📧 info@milanalaw.com.au | 🌐 milanalaw.com.au