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Fixtures, Fittings and Inclusions When Selling a House in Queensland

What stays and what goes when you sell is determined by the contract, not assumptions. Getting the inclusions right before you sign avoids the most common pre-settlement disputes.

Disputes over what is and is not included in a property sale are among the most predictable problems in residential conveyancing, and they are almost always avoidable. The seller assumes they can take the chandelier they spent $3,000 on. The buyer assumed it was included. The buyer walks through at the pre-settlement inspection and finds it missing, replaced with a bare bulb. The settlement is now in dispute, and both parties are paying their solicitors to negotiate something that could have been resolved in five minutes before the contract was signed.

Queensland's standard REIQ contract of sale has specific provisions for inclusions and exclusions. Understanding how they work, and spending five minutes with your agent going through anything you are uncertain about, is the most practical thing you can do to prevent this kind of problem.

The legal distinction: fixtures versus chattels

Queensland property law distinguishes between two categories of items in a sale. Fixtures are items that are permanently attached to the property. The legal test is whether removing the item would cause damage to the property or whether it was intended to become part of the property. Fixtures are included in the sale by default unless specifically excluded in the contract.

Chattels (sometimes called fittings in common usage) are freestanding, portable items that belong to the owner. Chattels are not included in the sale unless specifically listed as inclusions. If you want to leave your fridge, you need to write it into the contract.

The distinction sounds clean but in practice some items sit in a genuine grey area where reasonable people disagree. The light fitting that was hardwired into the ceiling is a fixture. The freestanding lamp plugged into a power point is a chattel. The chandelier that is hardwired but which the seller paid $4,000 for and never intended to leave behind requires a specific conversation.

What is generally included by default

The following items are typically treated as fixtures and included in a Queensland house sale unless specifically excluded:

What you can legitimately take

Freestanding items that belong to you and are not attached to the property are yours to take. The most common examples are:

The grey area items

Several common items sit in genuinely contested territory where the fixture-or-chattel question does not have a clean answer. These are the items that most frequently cause disputes and that should always be explicitly addressed in the contract.

Chandeliers and decorative light fittings. These are hardwired and technically fixtures, but sellers frequently assume they can take a chandelier they paid several thousand dollars for. If you want to take it, exclude it in the contract and specify what will replace it (you cannot simply leave exposed wiring). Make this decision before the first open home, because the light fitting will be photographed and buyers will expect it to be there.

Dishwashers. A plumbed-in dishwasher is a fixture. If you want to take it, exclude it explicitly and clarify in the contract what will replace it. Leaving an open cavity under the bench is not appropriate. Buyers may accept no dishwasher if it is disclosed upfront and reflected in the price, but finding the cavity empty at the pre-settlement inspection without prior disclosure is grounds for a price adjustment request.

Garden plants. Plants growing in the ground are generally fixtures. A lemon tree in the garden stays unless excluded. Plants in pots, regardless of pot size, are chattels. A large established pot plant in a terracotta pot that has been there for ten years is still a chattel. If in doubt, agree it explicitly in the contract.

Curtains. Curtains hanging on rods fixed to the wall are generally included. The curtain rods themselves are fixtures. Curtains that hang from a tension rod or clip system that causes no damage on removal may be treated differently. If your curtains are expensive and you want to take them, exclude them specifically and make sure the buyer is aware before they sign.

How to handle items you want to take

The correct process is to list any item you want to take as an exclusion in the contract before it is signed. Your agent should go through the property with you before the contract is prepared and ask directly: is there anything here you want to take that a buyer might expect to stay?

Common items to address proactively: a chandelier or statement light fitting, built-in shelving that was custom made and that you want to reinstall elsewhere, the dishwasher if you are moving it to a rental property, a fixed outdoor BBQ or pizza oven that is connected to the gas line, and any garden plants or trees that have personal significance.

Once the contract is signed, changing the inclusions or exclusions requires the buyer's written agreement. A buyer who discovers at the pre-settlement inspection that something they expected to stay has been removed is not obliged to agree to a price reduction rather than demanding reinstatement. The safest position is to have every intention declared and agreed before signing.

The pre-settlement inspection consequence

Queensland buyers have the right to conduct a pre-settlement inspection, typically within one to two business days before settlement. The purpose is to confirm that the property is in the same condition as at the time of contract and that all agreed inclusions are present and in working order.

If a light fitting has been removed and replaced with a cheaper one, that is a breach. If the pool robot that was present during inspections is missing from the pool equipment, that is a breach. If a chandelier that was in the dining room during the campaign is gone, that is a breach. In each case, the buyer can refuse to settle without reinstatement or a price adjustment. The process of negotiating a last-minute price adjustment on settlement day is expensive for both parties and entirely preventable.

The practical advice is simple: once the contract is signed, do not remove anything from the property unless it was specifically excluded. If your circumstances change and you want to take something that was not excluded, contact your solicitor and negotiate with the buyer in writing before you touch it.