Fixtures & Fittings.. what is or isn’t included in the property. Is the dishwasher included?

When selling or purchasing a property, understanding the concept of fixtures and fittings is important.

Fixtures are items that are permanently affixed to the property in a way that removing them would cause damage to the property or the item itself.  They become an integral part of the property and are typically included in the sale unless stated otherwise.  Examples of fixtures include built-in cabinets, light fixtures, plumbing systems, and even landscaping features like fences or trees.

Fittings, on the other hand, are items that are not permanently attached to the property and can be removed without causing damage. These are often movable personal property and are not automatically included in the sale unless explicitly specified. Examples of fittings may include freestanding appliances, rugs, and furniture.

 In South Australia, the default rule is that fixtures are included in the sale unless stated otherwise, while fittings are not automatically included. However, it's essential for both Vendors and Purchasers to clearly define in the Contract what is or isn’t included to avoid misunderstandings or disputes.

Here are a few reasons why clarifying fixtures and fittings is crucial in South Australia:

Legal Obligations: Clearly defining fixtures and fittings helps both parties understand their legal obligations regarding what is included in the sale. This can prevent disputes and legal complications down the line.

Property Valuation: The distinction between fixtures and fittings can impact the valuation of the property. Fixtures are considered part of the real estate and can affect the property's appraised value.

Purchaser Expectations: Purchasers need to know exactly what they are purchasing. Knowing which items are included in the sale helps Purchasers set realistic expectations and plan for any additional expenses they may incur to furnish the property.

 Purchaser Tip:  Conduct a thorough inspection of the property to identify fixtures and fittings.  Clarify with the Agent/Vendor which items are included in the sale and ensure it's specified in the contract.

 Vendor Tip: Vendors have a legal obligation to disclose what fixtures and fittings are included in the sale.  Make a comprehensive list of what is or isn’t included in the sale and be transparent with potential Purchasers about any items that are excluded from the sale.

 So is the dishwasher included??   Is it a fixture or fitting?  The dishwasher is an item that is often in dispute.  Quite commonly the Vendor expects they can take it and the Purchaser expects it will remain in the property.  This one is a grey area so make sure it’s noted in the Contract as to what’s been agreed upon.

Ultimately, whether you’re a Vendor or Purchaser, clarity and transparency in the contract streamlines the process and helps to avoid potential conflicts.   By taking the time to clarify these terms and document them properly in the sales contract, both parties can enjoy a smoother and more successful property transaction experience.  And that’s always the goal!

Article written by Samantha Phillips - Director / Registered Conveyancer