Fixtures and Fittings in a Victorian Property Sale: What Stays and What Goes?

Fixtures generally form part of the land and stay with the property, while removable fittings or goods only remain if the contract includes them. In practice, the boundary is not always obvious. Curtains, wall-mounted televisions, dishwashers, solar equipment and garden structures can all create disputes if the contract is vague.

The basic distinction

A fixture is attached to the land or building in a way that indicates it forms part of the property. Consumer Affairs Victoria gives built-in wardrobes, bathroom suites and kitchen stoves as examples.

A fitting or chattel can generally be removed without materially damaging the property. If the buyer expects it to remain, it should be specifically listed as an inclusion.

Attachment is not the only question

The method and purpose of attachment both matter. An item screwed to a wall for permanent use may be treated differently from an item secured only for stability or display.

Rather than rely on legal arguments after settlement, the parties should name disputed items in the contract and state whether they are included or excluded.

Common items to clarify

Clarify freestanding appliances, curtains and blinds, television brackets, security cameras, EV chargers, pool equipment, water tanks, garden sheds, cubby houses, solar batteries, decorative light fittings and leased equipment.

An advertised feature is not a substitute for contract wording. Marketing photographs may also show staging furniture or items owned by a tenant.

What to check at final inspection

Compare the property with the contract inclusions and its condition when sold. Check that included items remain and have not been replaced with inferior items.

If something is missing, raise it before settlement so the parties can investigate and agree on a solution. Do not remove items yourself or assume settlement can automatically be withheld.

DY practical point

During contract review before signing provide a written list of anything material to your decision. A single line added before signing is far safer than debating intention on settlement day.

Frequently asked questions

Do curtains automatically stay with the property?

Not always. Curtains and blinds should be expressly included if they matter to the buyer.

Does a wall-mounted TV stay?

The TV itself is often treated as removable, while the bracket may be treated differently. The contract should state what is included.

What if an included item is missing at final inspection?

Notify your conveyancer immediately. The available response depends on the contract and circumstances; do not assume an automatic right to delay settlement.

Official references

Consumer Affairs Victoria — Property definitions

Consumer Affairs Victoria — Sample Contract of Sale

This article provides general information about Victorian conveyancing as at 17 July 2026. It is not legal or financial advice. The correct approach depends on the contract, title, parties and circumstances of each transaction.