Included Chattels

You've just won the auction on a sun splashed weatherboard in Preston. The under bidder is still shaking their head while you stand in the front garden feeling half dizzy, half ecstatic. The agent presses a contract into your hand and beams: "Congratulations can we grab your signature?"

That's when your partner asks: "Hang on, do the pendant lights and that slick Smeg dishwasher stay, or do we need to budget for new ones?"

If you've ever had that sinking feeling, you've brushed against the slippery world of fixtures and chattels. Figuring out what the seller must leave behind can save you thousands, not to mention post settlement stress. The good news? A bit of plain language know how will keep your renovated dream from turning into a legal nightmare.

What Are Fixtures vs Chattels? Understanding the Basics

Lawyers love tidy definitions, but let's keep it simple.

Fixtures are bits of the property that are bolted, plumbed, glued or otherwise attached in a way that makes removing them tricky or damaging. Think kitchen cabinetry, ducted heating units and that wall mounted television bracket even Grandpa couldn't budge.

Chattels are movable belongings you could toss in a ute without leaving a scar on the house fridges, pot plants, the friendly garden gnome.

Courts in Victoria ask two questions:

How firmly is it attached?
Why was it attached?

If the answer to the second question is "to make the property better long term", it almost always counts as a fixture, even if undoing a couple of screws would free it.

Why Melbourne Property Buyers Can't Afford to Ignore the Difference

Property prices here are the stuff of dinner party legends. When you're already spending eye watering sums, the last thing you need is a surprise bill for appliances you assumed were included. Consumer Affairs Victoria keeps files full of arguments about dishwashers, cubby houses and even designer tapware. These spats can delay settlement, invite compensation claims or worst case blow the sale apart.

Remember: the standard Victorian contract assumes fixtures stay and chattels go unless the contract says otherwise. The wrinkle is that people disagree on what lands in which basket, so clarity beats assumption every time.

Common Fixtures vs Chattels Disputes: Real World Examples

Integrated Dishwashers

In a 2024 VCAT stoush, a seller unscrewed a Fisher & Paykel model that had been sitting flush under a stone bench. The buyer argued "integrated means it's part of the kitchen". The tribunal agreed: fixture. Seller paid to replace it.

Garden Sheds

If the shed is bolted to a slab, it stays. If it merely rests on pavers, the legal waters turn murky. One Coburg vendor dragged the whole tin structure onto a trailer the night before settlement. The buyer turned up to bare foundations and called their solicitor within minutes.

Smart Home Gear

Wall mounted iPads that control lights and blinds are usually fixtures; portable Google Nest speakers are chattels.

Potted Citrus Trees

Yes, even a twenty year old lemon in a whisky barrel counts as a chattel because the roots aren't in the ground. Expect arguments if the tree is part of the property's "look".

Moral of the story: if you love it, list it.

Room by Room Fixtures and Chattels Checklist

Below is a cheat sheet you can screenshot before your next inspection.

Kitchen

Normally included: fixed cabinetry, stone benchtops, plumbed in fridges, installed microwaves, rangehoods, hard wired ovens, semi integrated dishwashers.

Often excluded: freestanding fridges, benchtop air fryers, coffee machines sitting loose in an appliance garage.

Living Areas

Normally included: built in gas or wood fireplaces, wall mounted AC units, fitted bookshelves.

Often excluded: the television set itself, portable ethanol heaters, movable storage cubes.

Bedrooms

Normally included: built in robes, fitted roller blinds, mounted shelving.

Often excluded: detachable baby monitors, freestanding wardrobes, decorative mirrors hung on picture hooks.

Bathroom

Normally included: vanity units bolted to the wall, glass shower screens, fitted towel rails and exhaust fans.

Often excluded: suction cup mirrors, removable storage ladders.

Outdoors

Normally included: pergolas fixed to posts, in ground irrigation, securely bolted play equipment.

Often excluded: potted plants, outdoor furniture, above ground swimming pools or spas.

Use the list as a conversation starter with the agent. Verbal assurances are lovely; written clauses are better.

The Property Buyer's Guide: 7 Steps to Avoid Chattel Disputes

Snap photos of every item you care about. Emotions run high at auction; images keep your memory honest.
Ask pointed questions – "Does the plumbed in double fridge form part of the sale?" Press for yes or no.
Insert a detailed goods list in the contract. If the vendor balks, that's a red flag.
Examine the Section 32 early. Look for leased solar panels or rental alarm systems; if ownership isn't clear, neither are your rights.
Negotiate value now. If the vendor wants to take the wine fridge, maybe you shave a grand off the price.
Book a pre settlement inspection. Bring your original photos. Anything missing? Raise it in writing on the spot.
Use a conveyancer who explains things in plain English instead of Latin footnotes.

Property Seller's Checklist: Avoid Settlement Day Surprises

Remove or clearly tag anything you plan to take before the first open. Shoppers fall in love with what they see.
Keep a running inventory of items you'll leave. Even that spare washing machine in the garage can trip you up if the buyer assumes it's part of the deal.
If removing a fixture will damage walls or floors, repair the area well before settlement. A patched plasterboard hole beats a last minute argument over compensation.
Respond swiftly to buyer questions. Radio silence breeds suspicion and, occasionally, price drops.

Understanding Section 32 Vendor Statements

Victorian law says a vendor has to hand over a Section 32 Vendor Statement before you sign. The document covers zoning, easements and outgoings, plus any personal property included in the sale. If the skylights belong to a finance company, or the Tesla Powerwall is leased, Section 32 should spell that out. Failure to disclose material facts can give a buyer the right to walk away, so sellers: disclose early, disclose clearly.

Tip for buyers: read Section 32 with a highlighter and mark anything that smells like a grey area. Then email your conveyancer a short query now can sidestep a long argument later.

Property Inspection Day Checklist

Heading to three opens this Saturday? Pop this list in your phone notes.

Open cupboards spot integrated appliances
Look up are feature lights wired in or just hanging on hooks?
Peer under the deck fixed irrigation or loose hoses?
Pull gently on the "built in" BBQ does it budge?
Check sheds bolted down or free standing?
Ask about anything that seems portable but pricey a robotic mower, outdoor heaters, even rainwater tanks

Tick off items as you go; your future self will thank you.

The True Cost of Chattel Confusion

Replacing a mid range dishwasher: about $1,200
Two pendant lights plus install: $800
A solid cubby house: $2,500
Legal fees for a chattel dispute: easily five figures

Spending ten minutes on clarity beats shelling out ten grand in court.

Final Thoughts: Making Your Melbourne Property Purchase Smooth

Buying or selling in Melbourne is fast paced and high stakes, but understanding included chattels doesn't have to be hard. Photograph, question, list and verify that's the formula. When every promise is in black and white, settlement day feels less like a cliff edge and more like a well earned celebration.

Still got a niggling doubt about that designer fridge or those fancy outdoor heaters? Let the experts have a look before you sign. Pearson Chambers Conveyancing reviews Section 32 statements every working day and translates legal jargon into plain Victorian English. Better yet, the initial review is free.

Call us on 03 9969 2405 or email contact@pearsonchambers.com.au and tick "chattel confusion" off your to do list today.