What are Chattels v Fixtures? SIMPLIFIED for Queensland property

One of the most common disputes in Queensland property transactions comes down to a simple question: does that item stay with the house or go with the seller? Understanding the difference between chattels and fixtures in QLD property transactions can prevent nasty surprises on settlement day.

We explain the difference between CHATTELS vs FIXTURES, as well as the common mistakes made when categorising items when selling a property in Queensland…

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What is the difference between a chattel and a fixture?

When purchasing or selling a property in Queensland, it is important to understand the difference between chattels & fixtures. These two terms refer to different types of property that can be included in a sale. Understanding the difference is essential to ensure that all parties involved are clear on what is included in the transaction.

What is a chattel?

A chattel is an item that is not attached to the land and can be removed without damage. Free standing furniture, a fridge that simply plugs in, a portable air conditioner, pot plants and curtains that unclip are the everyday examples. Chattels only pass to the buyer if they are listed as included in the contract.

What is a fixture?

A fixture is an item that has become part of the land because it is attached to it. Built in wardrobes, a hardwired dishwasher, an air conditioning system fixed to the wall, the hot water system and the fencing are all fixtures. Fixtures pass to the buyer automatically unless the contract expressly excludes them.

How to tell whether an item is a chattel or a fixture

1. Degree of attachment: A fixture is typically attached to the property in a permanent way, such as by screws, nails, or bolts. A chattel, on the other hand, can be easily moved and is not permanently attached.

2. Adaptability: A fixture is typically customized to fit the property, such as built-in cabinets or shelves. A chattel, on the other hand, can be used in a variety of different spaces.

3. Intention: The intention of the person who installed the item is also a factor. If they intended for it to be permanently attached to the property, it is likely a fixture.

A basic interpretation of the difference between a fixture and a chattel is if the item is affixed to the land to any great extent, it is a fixture. If it is a freestanding movable item and rests on its own weight, it is presumed to be a chattel.

A really simple way to explain the difference to clients is: generally speaking, if the house was to be turned upside down and shaken: the items that fall out are chattels, and what remains are the fixtures.

Also, please note that if a fixture is specifically excluded in a contract of sale (i.e. a wall mounted TV & bracket) – the vendor must repair any damage caused by removing the fixture (i.e patch and paint the plaster once the wall bracket is removed).

What are the common grey areas between chattels and fixtures?

Air conditioning: Usually a fixture as the piping is fixed to the building .

Curtains: If the curtain rail is sitting on the hooks, it would technically be a chattel as the curtain and rail is not fixed (the hooks that the rail is sitting on is fixed).

Dishwasher: If the dishwasher will leave a gap when removed (i.e built in) then it will likely be considered a fixture; vs if it is free standing.

Pool equipment: These items are almost always chattels (net, pole, creepy crawly etc): make sure if your buyer wants these items to remain they are included in the “included chattels” section of the Contract.

What happens if there is a dispute about a chattel or fixture?

It is worth noting that disputes can arise over whether an item is a chattel or a fixture, and it is always best to clarify this in the sale contract to avoid any confusion or disagreements.

There is a section on page 3 of the standard REIQ contracts that allow parties to specifically include chattels, or exclude fixtures from a sale. We strongly suggest ensuring that any ambiguous items are specifically listed in this section, to avoid and turbulence in a transaction.

We have experience with chattels and fixtures with QLD conveyancing matters. Feel free to get in touch with us via the email below.

We look forward to continuing to help thousands of Queenslanders every year with their conveyancing!