When buying or selling a property, you may encounter the terms chattels, fixtures and fittings. They help establish which items form part of the property and which items the seller may remove.
A chattel is usually a movable item, such as a freestanding appliance or piece of furniture. A fixture may be treated as part of the property because of how and why it is attached. What remains after completion should be recorded in the property information or sale documents.
The distinction is not always clear from appearance alone. If an item matters to the transaction, buyers and sellers should check the documents for the individual property rather than make assumptions.
What are chattels in a property sale?
Chattels are movable belongings that remain separate from the building or land. They can often be removed without significant damage, although ease of removal does not always determine how an item should be classified.
Chattels are not necessarily included in a property sale. An item being present during a viewing does not mean it will remain after completion.
Examples of chattels
Items more likely to be chattels include:
- Furniture: Sofas, chairs, tables, beds and freestanding wardrobes
- Freestanding appliances: Fridges, washing machines and microwaves that are not built into fitted units
- Decorative items: Pictures, lamps, rugs and freestanding mirrors
- Outdoor items: Garden furniture, tools and potted plants
- Curtains: Curtains are commonly removable, although poles, tracks and fitted blinds may need separate consideration
If a movable item matters to the buyer, the property information or sale documents should state whether it is included.
What are fixtures in a property?
Fixtures are items installed or attached to a building or land in a way that means they may be treated as part of the property.
An item does not have to be impossible to remove before it can be considered a fixture. Two broad factors can help explain how an item may be treated:
- The method and degree of attachment: How securely the item is attached and what would happen if it were removed
- The object and purpose of attachment: Why the item was attached and whether it was intended to create a lasting improvement to the property
Damage caused by removing an item can indicate that it is a fixture, but this does not decide the issue by itself. The purpose of the attachment can also matter. An item attached temporarily so it can be used or displayed may remain a chattel, while an item installed as a lasting improvement may be treated as a fixture.
Examples of fixtures
Items more likely to be fixtures include:
- Fitted kitchen units: Cupboards, worktops and fitted sinks
- Built-in wardrobes: Storage installed as part of a room
- Central heating systems: Boilers, radiators and associated pipework
- Bathroom fittings: Baths, toilets, fitted basins and showers
- Permanently fitted flooring: Tiles and other flooring fixed to the property
- Fixed outdoor features: Walls, gates and structures intended to form part of the land
These examples are a guide rather than a definitive list. How an item is treated can depend on its installation, purpose and the circumstances of the transaction.
Classification is not the only consideration. The property information and sale documents may expressly include or exclude an individual item.
What does “fixtures and fittings” mean?
“Fixtures and fittings” is a common expression in property transactions. Fixtures are generally treated as part of the property, while fittings are often understood to be items that are less permanently attached or can be removed.
The word “fitting” does not always have one precise meaning. Describing something as a fitting does not, by itself, confirm whether it forms part of the property or is included in the sale.
When an item is unclear, check:
- how it is attached
- why it was attached
- whether it was intended to remain as part of the property
- what the property information and sale documents say
How do buyers know what is included in the sale?
The documents used to record included and excluded items can vary according to the property and type of transaction.
For many existing-home sales in England and Wales, conveyancers may use a TA10 Fittings and Contents Form. This helps record whether listed items are included in the sale, excluded from it or not present at the property.
The form can cover items such as appliances, flooring, curtains, light fittings, bathroom fittings, garden plants and outbuildings. Transaction forms are normally provided through a solicitor or conveyancer.
Read The Law Society’s information about property transaction forms.
Different information may be provided when buying a new-build home. Buyers should review the specification, reservation documents and contract for their chosen property to understand what is included.
If an appliance, fitting or outdoor structure matters to the purchase, ask for it to be identified in the relevant property information or sale documents.
Items that can be difficult to classify
Some items appear to be fixed but may not have been intended to become part of the property. Others can be removed even though they were installed as lasting features.
The examples below show why both the individual circumstances and written information matter.
Integrated and freestanding appliances
An appliance built into fitted kitchen units is more likely to be treated as a fixture. Examples include a built-in oven, fitted hob or integrated dishwasher.
A freestanding fridge, washing machine or microwave is more likely to be a chattel because it can normally be disconnected and moved without affecting the fitted kitchen.
These are general examples rather than automatic rules. The property information, specification or contract should confirm whether an appliance is included in the sale.
Sheds and other garden structures
A shed intended to remain permanently on a fixed base may be more likely to be treated as a fixture. A lightweight or portable structure that can be moved without significant damage may be more likely to remain a chattel.
Its treatment can depend on:
- how the structure is attached
- whether it has foundations or connected services
- whether it was intended to be a permanent feature
- what is recorded in the sale documents
The same considerations may apply to summer houses, greenhouses and other outdoor structures. These items should be identified clearly rather than left open to assumption.
Lights, mirrors and shelving
Pictures, lamps and freestanding mirrors are normally movable belongings. Light fittings, curtain poles, fitted blinds, shelving and wall-mounted mirrors may require closer consideration.
An item does not automatically become a fixture because it is attached with screws. It may have been secured only so that it could be displayed or used safely.
If a seller plans to remove a prominent attached item, the property information should make this clear. The relevant documents should also record what, if anything, will be left in its place and whether an associated repair has been agreed.
Checks for property buyers
Buyers should not assume that everything present during a viewing is included in the purchase.
During the conveyancing process:
- identify any appliance, light fitting, storage unit or garden structure that matters to the purchase
- review the specification and relevant fittings and contents information
- compare the written details with what was present during the viewing
- raise anything missing, unclear or inconsistent with your conveyancer
- check what, if anything, will replace a fitting the seller plans to remove
- make sure any later agreement is reflected in the relevant documents
Any separate arrangement to buy furniture, appliances or other movable items can be raised with the buyer’s conveyancer so that it is considered alongside the property transaction.
Checks for property sellers
Sellers should provide clear and accurate information about what they intend to remove and what will remain.
When completing the relevant property information:
- check each room, garage, garden and outbuilding
- distinguish between integrated and freestanding appliances
- identify fitted or prominent items that will be removed
- state what, if anything, will be left in place of a removed fitting
- give accurate details about items offered separately
- tell the conveyancer if an answer or agreement changes
Clear information can reduce the risk of a buyer expecting an item to remain when the seller intends to take it.
What happens if an included item is removed?
A disagreement may arise if an item recorded as included is missing, substituted or removed before completion. The buyer’s position will depend on the sale documents, correspondence and circumstances of the transaction.
Whether an item is a fixture or chattel may not answer every disagreement about what was expected to remain. The written information for the individual transaction will also need to be considered.
If an item recorded as included is missing, substituted or removed unexpectedly, the buyer can raise the matter promptly with their conveyancer. The conveyancer can review the transaction documents and advise on the available next steps.
Key points about chattels and fixtures
A chattel is generally a movable belonging, while a fixture may be treated as part of the property because of how and why it is attached. Some items cannot be classified confidently from appearance alone.
The property information and sale documents can include or exclude individual items. If an appliance, light fitting, mirror, garden structure or other item matters to the transaction, identify it early and check that the documents state whether it will remain after completion.
This article provides general information about property transactions in England and Wales. It is not legal advice and should not be relied on to determine whether a particular item is a fixture or chattel, or whether it is included in an individual sale. The position can depend on the item, property and transaction documents. Buyers and sellers should raise questions about their circumstances with their own conveyancer.
Looking for a new home?
Guinness Homes offers Shared Ownership and private sale homes in a range of locations. Specifications and included features vary between developments and properties.
Review the information for your chosen home and ask the sales team where details of included features are recorded. Your conveyancer can help you review the contractual documents for your purchase.
