Fixtures and Fittings in Property Sales: What’s Included in a Victorian Contract?

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What’s the Difference Between Fixtures and Fittings?

In Victoria, the general rule is that fixtures stay and fittings go—but what counts as a fixture isn’t always obvious.

  • A fixture is something permanently attached to the land or building.
    Example: ovens that are built into cabinetry, ducted heating units, or in-ground garden lighting.

  • A fitting is something not permanently affixed and can typically be removed without damage.
    Example: freestanding furniture, wall art, or portable air conditioners.

But grey areas arise: What about a wall-mounted dryer? A removable dishwasher? Even chandeliers can be disputed.

The Legal Test in Victoria

Courts in Victoria apply two tests when determining if something is a fixture:

  1. Degree of annexation – how firmly is it attached?

  2. Purpose of annexation – was it meant to be permanent or temporary?

These tests are established in common law and applied through Victorian cases interpreting the Sale of Land Act 1962 (Vic). Importantly, intention can be inferred from how the item is affixed—not just what the parties may later argue.

Common Disputes at Settlement

At Victorian Property Settlements, we’ve seen buyers left frustrated when:

  • The dishwasher was removed but expected to stay

  • The garage shelving was taken

  • The TV wall bracket was removed—leaving exposed holes

  • Garden sculptures or water features were removed, even though semi-buried

These problems typically arise from vague or missing wording under “Goods Sold with the Land” in the contract.

How to Protect Yourself – Our Professional Recommendation

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements:

“Never rely on the phrase ‘all fixtures and fittings as inspected’. Insist on a written list of inclusions in the contract—especially for anything that is valuable, removable, or disputed.”

We recommend:

  1. Confirming inclusions in writing (dishwasher, dryer, window furnishings, etc.)

  2. Taking dated photos at the time of inspection if possible

  3. Flagging and negotiating ambiguities with the agent or vendor before signing

What Agents and Vendors Should Do

If you’re selling, it’s in your interest to avoid disputes:

  • List all inclusions and exclusions in writing

  • Be transparent about anything you intend to remove

  • Use your conveyancer to clarify contract language before listing

This protects you from post-sale disputes, delays at settlement, or claims of misleading conduct under the Australian Consumer Law.

Final Thoughts

Fixtures and fittings disputes are avoidable—but only when both sides take care before the contract is signed. If you're unsure, get a professional review before signing. At Victorian Property Settlements, we review all contracts with this level of detail to avoid issues at settlement.

Need help reviewing a contract before you sign?

Victorian Property Settlements – Trusted for over 25 years by Victorian buyers and sellers.
📍 Based in Frankston, serving all of Victoria
📞 03 9783 0111 | ✉️ david@quick32.com
🌐 www.victorianpropertysettlements.com.au