What is the difference between fixtures and fittings?
Fixtures are items permanently attached to a property — built-in wardrobes, ceiling lights, a fixed clothesline — and they transfer with the sale by default. Fittings are items that can be removed without damaging the property, like freestanding furniture or a portable air conditioner, and they're only included if the contract specifically says so. If there's something in the house you're counting on keeping, don't rely on assumption — check the inclusions and exclusions section of the contract before you exchange.
The Fuller Picture
The test NSW contracts use is whether removing an item would damage the property or leave it visibly incomplete. A wired-in ceiling fan, a fixed pergola, or an in-ground clothesline counts as a fixture because it's attached to the structure. A freestanding bookshelf, a portable heater, or a pot plant is a fitting because it can be lifted out without leaving a mark. As a general rule, fixtures pass to the buyer automatically; fittings only pass if the contract says they do.
The distinction breaks down with items that sit in the middle — a wall-mounted heater that's screwed in but easily unscrewed, a garden shed on paving rather than a poured slab, or curtains that are custom-fitted to a window but not physically fixed to it. Vendors and buyers regularly disagree about which category these fall into, and it's common for a vendor to take something the buyer assumed was staying, or leave behind something the buyer expected to remove and dispose of themselves.
The standard NSW Contract for Sale of Land has a separate inclusions and exclusions section for exactly this reason — it overrides the general fixtures and fittings rule. Anything listed there, whether it's a garden shed, blinds, or an integrated appliance, is included regardless of how it's fixed. Anything not listed is open to interpretation, which is why relying on the general rule alone is riskier than getting specific items written into the contract.
What This Means for Your Purchase
Before you make an offer, walk through the property and note anything you're assuming will stay — window furnishings, garden structures, wall-mounted fixtures — and check it against the contract rather than the listing photos. Listings are marketing; the inclusions clause is the legal record of what you're actually buying.
There's a financial angle to this too. If you assume an item is a fixture and it turns out to be a fitting the vendor removes, you may be left buying a replacement out of your own funds right when your budget is tightest — straight after settlement, alongside moving costs and any immediate repairs. A written inclusions list agreed before exchange avoids that surprise.
This also affects negotiation timing. Requesting an item be added to the inclusions list is a normal, low-cost ask before exchange, but it becomes a legal dispute rather than a conversation once contracts are signed. If you want certainty on a specific item, raise it while you still have leverage — not after you've committed.
How This Shows Up in the Illawarra
In established Illawarra suburbs like Dapto and Berkeley, older houses often have additions that were never properly fixed to the property — a freestanding garden shed, an above-ground pool, or a carport that sits on paving rather than a slab. These are the items most likely to cause disagreement, because a vendor may see them as portable assets to take, while a buyer assumes they're part of the package.
In newer estates around Shellharbour and Calderwood, the opposite issue shows up — display-home inclusions like ducted air conditioning, window furnishings, and integrated appliances are often central to why a buyer chose the property, and it's worth confirming these are named in the contract rather than assumed from a display or floor plan. Since most Illawarra sales go through private treaty rather than auction, there's usually time to query and adjust the inclusions list before exchange, which is worth using.
Frequently Asked Questions
What items are most commonly disputed as fixtures or fittings?
Garden sheds, wall-mounted TV brackets, curtains and blinds, above-ground pools, and freestanding appliances come up most often, because they sit in a grey area between clearly fixed and clearly portable. The safest approach is to treat anything you care about as unconfirmed until it's named in the contract.
If something is screwed or bolted down, does that automatically make it a fixture?
Not necessarily. Being attached makes an item more likely to be treated as a fixture, but the inclusions and exclusions clause in the contract overrides the general rule. An item can be bolted down and still be excluded if the contract says so, or unfixed and still included if it's listed.
As a first home buyer, do I need to worry about this?
Yes, particularly with appliances and window furnishings, since replacing them straight after settlement can strain a budget that's already stretched by stamp duty and moving costs. Ask your conveyancer to check the inclusions list before you exchange rather than assuming what you saw at inspection is what you'll get.
When should I raise questions about fixtures and fittings?
Before you exchange contracts, ideally during due diligence when your solicitor or conveyancer is reviewing the contract. Once contracts are exchanged, the inclusions list is fixed, and disputing it becomes a legal matter rather than a simple request.
Can I ask the vendor to leave something that isn't already listed?
Yes. You can request an item be added to the inclusions list as part of your offer or contract negotiation, and it costs nothing to ask before you commit. Whether the vendor agrees is up to them, but it's far easier to negotiate this before exchange than to argue about it afterward.
Does a buyers agent help with fixtures and fittings questions?
Yes. Checking the inclusions and exclusions clause against what a buyer expects is a standard part of due diligence, and it's exactly the kind of detail that's easy to overlook when you're focused on price and settlement dates.
If you want a second set of eyes on what's actually included before you commit to a property, we can go through the contract with you. Get in touch and we'll help you avoid a costly assumption.
