What are fixtures and fittings when you sell your house?

10 November 2015 1515

The issue of fixtures and fittings can be very contentious, primarily because there is no law that specifies what should be left in the house and what should be removed. Different buyers and sellers have different expectations and it is wise to clarify what will be included with the property in the early stages of the sale proceedings.

The assumption is that any item attached or fixed to the property constitutes a fixture or fitting and that all loose items are moveables and therefore not included in the sale of the property unless otherwise agreed.

The threefold-text to define fixtures are set out in a 1915 court case, being:

- The nature of the particular article;
- The degree and manner of its annexation; and
- The intention of the person annexing

The object must, by nature, be capable of becoming part of the property itself and have the character of belonging essentially to immovable property. There must be an effective attachment, either by sheer weight or physical connection, and there must be an intention that it be a permanent feature of the property. 

The key question here to ask is whether it is intended to be permanently annexed to the specific property or not. This is the fundamental principle to apply in each case to determine if something is a fixture or fitting or not.

By definition , a fixture is something that is affixed to the walls, floor or ceiling of a property. It is movable ‘personal’ property that by means of bolts, nails, screws, cement , glue or other method of attachment has been converted to ‘real’ or immovable property. A fitting is something that is a free standing item of something that is temporarily secured to the walls or ceiling by a screw, hook or nail or other means of affixing it.

Since the inception of the Consumer Protection Act (CPA) it has become more important for home sellers and estate agents to be specific, clear and honest about what they are selling. That does not only apply to the condition of the property, but to all fixtures and fittings on the property/. The CPA provides that there should be no ambiguity or deception when goods or services are advertised for sale or promoted in any way. Therefore, the seller should always be aware that his action may be creating an expectation as to whether an item is included in the sale.

Bar stools, curtain rails, swimming pool nets and fitted carpets are examples of moveable items that become permanent fixtures.  The keys to the doors in the property are also moveable items , but must remain in order for the door (immovable object) to function properly.

The contract between the seller and purchaser must cover all aspects of the transaction. We suggest that an inventory be formulated which may be attached to the contract stating what is included with the purchase price of the house and what will be removed when the seller vacates the property. If a fixture is then removed without the buyers consent,  the seller could face a claim and be liable for the cost of replacing the contentious fixture.

 
Tags: Property
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