Fixtures and fittings - what stays, and what goes when you sell your property?

We all love to customise our homes with special items to suit our needs and lifestyles. It is not uncommon for homeowners to install extras such as air-conditioning units, decorative mirrors, garden décor, water tanks and sometimes special items such as chandeliers or antique doors that they may have sourced from overseas trips. 

Naturally, when the property is put up for sale, buyers will view it with these items in place. Not all buyers make enquiries, and it is easy to assume that certain items will stay such as a decorative mirror in the bathroom for example.

The matter of 'what stays and what goes' when selling is therefore often a sticky point between seller and buyer and one which could result in omissions and misunderstandings and ultimately lengthy disputes, often well after the property has already been transferred.

There is a distinct difference between what is regarded as fixtures and needs to stay, and what would be fittings which can be removed.   

What is a fixture which must stay?

Fixtures are usually attached with the intention that it is permanent, and removal would result in a degree of damage to the property. Fixtures are included in the sale as a matter of law as the purchaser is entitled to receive the land together with all items which are permanently affixed to the land and/or buildings.

Such fixtures would include items such as decking, awnings or terrace roof coverings, shutters on windows, security alarms, air-conditioning units, Jo-Jo water tanks, water features, light fittings and bathroom mirrors as well as all built-in cabinetry throughout the property.  

What are fittings which can be removed?

Fittings are usually excluded from the sale unless specifically included. Fittings are usually not bolted or permanently affixed and can easily be removed without damage. These usually include items such as wall pictures,  decorative mirrors, garden pots, loose carpets, curtains, freestanding furniture and personal property.

Remove contentious fittings before putting the property on the market

Best practice is for the seller to remove or replace all special items before the property is put up for sale such as a chandelier for example. Additionally, a schedule of all fittings to be removed should be attached to the agent's mandate and sale agreement to avoid disputes. The agent can then make the buyer aware of what will be removed.

An issue which often arises is where sellers leave hooks or holes behind from paintings and mirrors which have been removed. Although we recommend that the seller repairs these where possible, purchasers should note that there is no obligation in this regard. 

Purchaser's rights and legal recourse

Sellers should be aware of the rights of purchasers in relation to fixtures. Verbal agreements should be avoided as far as possible. If no agreement is in place and the seller removes items which could be classified as fixtures, then the buyer can insist that these remain on the property or are replaced by items of similar value. Failing this, the buyer can seek legal recourse against the seller.

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