Seller’s guide · NSW
Fixtures and chattels in NSW: what’s included when you sell a property?
Not sure what stays when a NSW property is sold? Learn the difference between fixtures and chattels, what the contract says and how to avoid disputes.
Updated October 2026 to reflect current law.
When you buy or sell a home in NSW, one of the most common arguments is about what stays and what goes. Does the dishwasher stay? What about the garden shed or the pot plants? The answer depends on whether an item is a fixture or a chattel, and what your contract says.
This guide explains fixtures and chattels in plain English, how the law tells them apart, and how to avoid a dispute on settlement day.
Key takeaways
- Fixtures are items attached to the land or building so they become part of the property. They are included in the sale unless the contract excludes them.
- Chattels are movable items, like furniture. They are not included unless the contract lists them as inclusions.
- If an item could be argued either way, list it in the contract. Clear wording beats a legal argument every time.
- A seller who removes a fixture, or an included chattel, may have to pay the buyer compensation.
- Buyers should check the inclusions list against what they saw at the inspection before they sign.
On this page
What is the difference between fixtures and chattels?
Fixtures
A fixture is something that has been attached to the land or the building so that, in law, it has become part of the property. Common examples are built-in wardrobes, kitchen cabinets, ceiling fans, light fittings, hot water systems and fixed ducted air conditioning.
The general rule is that fixtures go with the property. If you are selling and want to take a fixture with you, you must exclude it in the contract.
Chattels
A chattel is a movable item that is not permanently attached. Think furniture, rugs, a fridge that just plugs in, or pot plants. These are your personal belongings.
Chattels do not go with the property unless the contract says so. If a buyer wants the outdoor setting or the washing machine, it needs to be listed as an inclusion.
How do courts decide if something is a fixture?
Some items are not clear cut. When there is a dispute, courts generally look at two questions.
- How firmly is it attached? (degree of annexation) An item bolted, cemented or wired into the building is more likely to be a fixture. An item resting under its own weight is more likely to be a chattel.
- Why was it attached? (object or purpose of annexation) If it was attached to improve the property as a whole, it is likely a fixture. If it was only attached so you could use or enjoy the item itself (for example, a painting hung on a hook), it is likely a chattel.
The purpose test is usually the more important of the two. This is why the outcome can be hard to predict, and why it is far better to deal with these items in the contract.
Common examples of fixtures and chattels in NSW
The table below is a general guide only. What your contract says always takes priority.
| Item | Usually treated as | Tip |
|---|---|---|
| Built-in wardrobes and kitchen cabinets | Fixture | Stays unless excluded. |
| Light fittings and ceiling fans | Fixture | If you plan to swap a feature light, tell the buyer before exchange. |
| Fixed floor coverings (carpet) | Fixture | Loose rugs are chattels. |
| Solar panels and hot water systems | Fixture | Check any finance or lease on solar equipment. |
| Built-in dishwasher, oven and cooktop | Fixture | A freestanding stove may be argued either way, so list it. |
| Curtains, blinds and insect screens | Often fixtures | Curtain rods are fixtures. Curtains themselves can be disputed, so list them. |
| Wall-mounted TV | TV is a chattel | The bracket may be a fixture. Say whether the bracket stays. |
| Garden shed | Depends | A shed on a concrete slab is more likely a fixture than a portable one. |
| Fridge, washing machine and dryer | Chattel | Only included if listed. |
| Pot plants and outdoor furniture | Chattel | Plants in the ground are part of the land. |
| Pool equipment (pump, filter, cover) | Fixture for pumps and filters | Pool cleaners and covers are best listed. |
What does the NSW contract for sale say about inclusions?
The standard NSW contract for the sale of land, published by the Law Society of NSW and the Real Estate Institute of NSW, has an inclusions section on its front page. It has tick boxes for common items such as blinds, built-in wardrobes, curtains, dishwasher, light fittings, solar panels and stove. There is also space to list other items and any exclusions.
The Conveyancing Act 1919 (NSW) and the Conveyancing (Sale of Land) Regulation 2022 set out the documents a seller must attach to the contract. They do not list which items are included in a sale. That is a matter for you and the buyer to agree on and write into the contract.
If the inclusions are unclear, the general law (the fixtures test above) fills the gap. That is when disputes happen.
Tips for sellers
- Walk through your home before you list it. Make a list of anything attached that you want to take, such as a pendant light, a wall-mounted heater or a fixed water tank.
- Tell your lawyer and agent early. Exclusions should be in the contract and, ideally, in the marketing. If an item you want to keep is on display, consider replacing it before inspections.
- Do not remove fixtures after exchange. Removing a fixture or an included item can be a breach of contract. The buyer may claim compensation or raise it at the pre-settlement inspection.
- Repair any damage caused when you remove an excluded item, such as holes left by a wall bracket.
- Remove everything that is not included, including rubbish, old paint tins and items in the garage, before settlement.
Tips for buyers
- Take photos at inspections of the items you expect to stay.
- Check the inclusions and exclusions in the contract against your photos and the agent’s listing.
- Ask for anything unclear to be listed. If you want the outdoor setting or the pool cleaner, ask for it to be added as an inclusion before you exchange.
- Ask about condition. Included appliances usually pass in their current condition. If something matters to you, ask about it before exchange.
- Use your pre-settlement inspection to check everything is still there and working.
If you are buying at auction, check the inclusions before auction day. There is no cooling-off period at auction, so you cannot fix the contract afterwards. Our auction buyer guide explains more.
Do chattels affect stamp duty?
In NSW, transfer duty (stamp duty) can apply to the value of certain goods sold together with land, not just the land itself. Splitting the price to put a high value on chattels may not reduce your duty, and can cause problems with your lender. Get advice before you try this.
Fixtures and chattels FAQs
What happens if the seller takes a fixture?
If a fixture or an included item is removed without the buyer’s agreement, the buyer may be entitled to compensation. In many cases the lawyers agree on an amount to be adjusted at settlement.
Can the seller leave behind items I do not want?
No. You are generally entitled to vacant possession, which means the seller must remove belongings that are not included in the sale. Raise this before settlement if you notice items left behind.
Is a dishwasher a fixture?
A built-in dishwasher is usually a fixture. A freestanding one is usually a chattel. The standard NSW contract has a tick box for dishwashers, so check it.
Are plants and trees included?
Plants growing in the ground are part of the land and stay. Pot plants are chattels and the seller can take them unless the contract says otherwise.
Need help with your property contract in NSW?
Talk to our property team
Property & Conveyancing
Our team can check your contract to make sure the inclusions and exclusions match what you expect, whether you are buying or selling.
Visit our buying a property or selling a property pages to learn more about our conveyancing services or to get a quote.
This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.
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