Fact 6. Fixtures and Fittings. What are they? During conveyancing, sellers list them to clarify what stays with the property and avoid disputes after moving.
What Are Fixtures and Fittings? An Essential Guide for Conveyancing
When buying or selling a property, understanding what "fixtures and fittings" involves is crucial to avoid misunderstandings and costly disputes. These terms refer to items associated with a property, but their inclusion in a sale depends on whether they form part of the land or are removable belongings. Sellers typically list fixtures and fittings during the conveyancing process to clarify exactly what stays and what goes, providing transparency for buyers and smoothing the transaction.
Defining Fixtures and Fittings
Fixtures are items physically attached to the property in a way that they become part of the building or land. Their attachment is usually permanent or intended to be permanent. Typically, fixtures pass to the buyer as part of the sale unless explicitly excluded.
Examples of fixtures include:
Built-in kitchen units and cupboards
Boiler systems, radiators, and wired-in heating
Electrical sockets, light fittings, switches
Bathroom sanitary ware such as toilets, baths, sinks, showers
Fireplaces and mantelpieces
Security alarms, doorbells, and satellite dishes
In contrast, fittings (sometimes called chattels) are items not affixed or only loosely attached, which remain the personal property of the seller and can be removed.
Examples of fittings include:
Carpets, curtains, blinds
Freestanding furniture, such as wardrobes and tables
Electrical appliances not built-in, for example, fridges and freezers
Mirrors hung by screws or nails
Light fittings not hardwired
Understanding this distinction helps set reasonable expectations about what will be included in the sale.
Why Fixtures and Fittings Matter in Conveyancing
The conveyancing process involves the legal transfer of property ownership. Without clear agreements, disputes can arise if either party has different assumptions about which items are included.
Avoids Confusion: Sellers formally declare which fixtures and fittings they intend to leave behind.
Prevents Disputes: Clear lists minimise arguments after moving day over missing items.
Supports Contract Accuracy: Solicitors use this information to draft contracts reflecting agreed terms.
To facilitate this, the Law Society provides the Fixtures and Contents Form, TA10, a detailed inventory sellers complete that outlines every item considered a fixture or fitting. This explicit documentation is critical to avoid ambiguity and legal complications.
The TA10 Form: Clarifying What Stays and What Goes
The TA10 form is structured for sellers to specify:
Items included in the sale (fixtures and some fittings)
Items excluded and intended for removal (fittings or fixtures the seller wishes to take)
Whether any items included are subject to an additional payment
Buyers receive this form from their solicitor, allowing them to review and negotiate any items prior to exchange of contracts. Changes or clarifications can be agreed and incorporated to finalise the sale terms.
This form is indispensable because:
It stands as a legal record reducing misunderstandings.
It protects buyers from arriving to an empty or stripped property.
It protects sellers from unexpected claims for items they remove.
Negotiating Fixtures and Fittings
Conveyancing allows flexibility where buyers and sellers negotiate which fittings or fixtures are included:
A buyer may request certain freestanding appliances or furniture remain.
Sellers sometimes offer to leave behind certain fittings free of charge or for extra payment.
Complex or valuable fixtures, like bespoke lighting or garden features, may require clear agreements.
If disputes arise, solicitors assist in mediation, helping keep negotiations professional and reaching compromises.
Legal Principles Behind Fixtures and Fittings
Legal tests determine whether an item is a fixture or fitting, notably:
Degree of Annexation: How firmly is the item attached? The more permanent, the more likely it is a fixture.
Purpose of Annexation: Was it installed to enhance the property permanently or for the seller’s temporary use?
Courts generally consider fixtures as part of the land and included in the sale unless otherwise agreed, whereas fittings remain the seller’s property.
Common Examples to Know
Fixtures Often Included:
Built-in appliances (ovens, hobs)
Central heating equipment
Door handles and locks
Bathroom suites
Fittings Often Excluded Unless Agreed:
Freestanding wash machines, tumble dryers
Rugs, loose carpets
Light curtains or movable blinds
Freestanding wardrobes or shelves
Special Cases
Some items blur the lines. For instance:
A fridge built into kitchen cabinets but removable by design may be treated as a fitting.
Outdoor features like garden sheds or greenhouses must be clarified.
Confirming inclusion for such features in the TA10 form is wise.
Tips for Buyers and Sellers
For Buyers:
Review the TA10 form carefully before exchange of contracts.
Ask questions early about items you expect to remain.
Get agreements in writing to avoid surprises.
Be aware some valuable fixtures can impact resale or valuation.
For Sellers:
Complete the TA10 form thoroughly and honestly.
Conduct a room-by-room inspection to list items clearly.
Communicate openly with buyers about anything you plan to take.
Prepare for negotiations on major fittings or appliances.
Risks of Ignoring Fixtures and Fittings Details
Failure to clarify can lead to:
Leaving buyers with incomplete property essentials (e.g. missing heating or lighting).
Sellers needing to return items or compensate buyers post-sale.
Legal disputes that delay completion.
Damaged relationships and additional costs.
Adopting best practices around fixtures and fittings will protect your investment and contribute to a successful conveyancing experience.
If you’re involved in a property purchase or sale, prioritise early and explicit agreement on fixtures and fittings to secure confidence and peace of mind through the entire process.
