Key takeaways:
Property inclusions and exclusions should be checked before signing the contract, to help avoid confusion at settlement.
Items seen during an inspection may not automatically stay with the property, unless they are included in the contract of sale.
Fixtures usually stay and chattels usually leave, but the contract wording is what ultimately matters.
Common dispute items can include solar panels, dishwashers and light fittings, along with curtains, blinds, remotes, spare keys and manuals.
Property contract rules can vary by state and territory, as well as by the type of contract being used.
Property inclusions and exclusions can affect what you receive at settlement. Items such as appliances, curtains, light fittings and solar panels may not automatically stay with the property, even if they were there during the inspection.
Before you sign the contract of sale, check the inclusions and exclusions schedule carefully. If an item is not clearly listed as included, ask your conveyancer or solicitor to confirm it in writing to reduce the risk of a dispute before settlement.
This article explains how property inclusions and exclusions work, where to find them in the contract of sale, common items to check, and what to do if something you expected to stay with the property is not listed. It also covers how getting the right legal and property support before signing can help reduce settlement issues.
What are inclusions and exclusions?
In a property purchase, the sale does not necessarily include every item you saw during the inspection. The contract of sale should set out which items stay with the property, which items the vendor will remove, and what will be handed over at settlement.
Type | What it means | Common examples |
|---|---|---|
Inclusions | Items that stay with the property at settlement | Built-in dishwasher, blinds, light fittings, pool equipment and solar panels |
Exclusions | Items the vendor removes before settlement | Freestanding appliances, furniture, decorative fittings and specific fixtures listed as excluded |
Inclusions are items that the vendor agrees to leave with the property. These may include fixtures, built-in appliances, light fittings, window coverings, pool equipment, solar panels or other items listed in the contract.
Exclusions are items the vendor intends to take before settlement. These may include freestanding items, personal property or items that appear attached to the home, if the contract clearly says they are excluded.
Understanding their differences is crucial because the contract helps determine what the buyer is entitled to receive at settlement. If an item listed as an inclusion is removed before settlement, the buyer may be able to raise the issue through their conveyancer.
For example, if a built-in dishwasher, pendant light or solar battery is listed as included, it should generally remain with the property unless the parties agree otherwise in writing.
A verbal agreement with the agent or vendor may not be enough. If you expect an item to remain, ask that it be written into the contract of sale before you sign.
Tip: If it is not clearly listed in the contract, do not assume it is included. Ask your conveyancer or solicitor to review unclear inclusions and exclusions before exchange, especially if the item affects the property’s value, use or liveability.
You might also be interested in: Special conditions in a property contract: What they mean and what to watch for
Fixtures vs chattels: Why the contract wording matters
Many disputes about property inclusions and exclusions come down to whether an item is a fixture or a chattel. The distinction can affect what stays with the property at settlement and what a vendor may be able to remove.
Fixtures typically stay with the property.
Fixtures are items that are attached to the property in a permanent or semi-permanent way. They generally form part of the property sale unless the contract of sale excludes them. Common examples may include:
Fixture | Why it may be included |
|---|---|
Built-in wardrobes | Fixed to the home |
Fixed light fittings | Installed into the property |
Ducted air conditioning | Integrated into the building |
Plumbed-in dishwashers | Connected to plumbing and cabinetry |
Pergolas | Attached or fixed to the land |
In-ground pools | Built into the property |
Fixed floor coverings | Installed as part of the home |
For buyers, fixtures are important because they may be expected to remain with the property. If a vendor plans to remove a fixture, it should be clearly listed as an exclusion before contracts are exchanged.
Chattels usually leave with the vendor.
Chattels are movable items that are not permanently attached to the property. They usually belong to the vendor and are removed before settlement unless the contract lists them as inclusions. Common examples may include:
Chattel | Why it may be excluded |
|---|---|
Freestanding fridge | Not fixed to the property |
Washing machine | Usually removable |
Loose furniture | Personal property |
Pot plants | Moveable item |
Portable heaters | Not built in |
Freestanding barbecue | Not fixed to the land |
This is where buyers can be caught out. An item may appear in marketing photos, be present during an inspection or be discussed with the agent, but that does not mean it is included in the sale. The contract should confirm the position.
Grey areas can lead to settlement issues.
Some items are not easy to classify. Whether they are treated as fixtures or chattels can depend on how they are attached, why they were attached and what the contract says.
Item | What to check before signing |
|---|---|
Wall-mounted TV and bracket | The bracket may be fixed, while the TV may be removable. |
Curtains and blinds | Tracks, rods, curtains and built-in blinds may be treated differently. |
Garden shed | Check whether it is bolted down or freestanding. |
Split-system air conditioner | Confirm the unit, remote and accessories are included. |
Solar panels, inverter and battery | Check ownership, finance, lease arrangements and contract wording. |
Because fixture and chattel rules can involve legal interpretation, buyers should avoid making assumptions. If an item matters to the property’s value, function or liveability, ask a professional to confirm how it should be treated and have it clearly recorded in the contract of sale.
Tip: Do not rely solely on what you saw at inspection. Rely on what is written in the contract.
What is typically included by default?
In many Australian residential property contracts, fixtures are treated as part of the property unless specifically excluded. A fixture is an item attached to the home or land in a way that suggests it forms part of the property.
However, buyers should not rely on what is “usually” included. Contract wording, state or territory requirements, and the way an item is installed can all affect what stays at settlement. Common property inclusions may include:
Item | What to check |
|---|---|
Fixed floor coverings | Carpet, tiles or timber flooring fixed in place |
Light fittings | Downlights, ceiling lights and pendant lights; freestanding lamps are usually different |
Built-in kitchen appliances | Ovens, rangehoods and dishwashers that are built in or plumbed in |
Ducted heating and cooling | Installed units, vents and fixed components |
Fixed window coverings | Roller blinds, plantation shutters and blinds on fixed tracks |
Fixed outdoor items | Letterboxes, clotheslines, retaining walls and in-ground irrigation systems |
Pool and spa equipment | Pumps, filters and heating equipment; check whether covers, remotes and accessories are included |
Do not rely on what appears to be standard.
Check the inclusions schedule in the contract of sale, and ask your conveyancer or solicitor to confirm any items that matter before you sign.
What is typically excluded by default?
Freestanding or removable items are generally not included in a property sale unless the contract of sale lists them as inclusions. These items usually remain the vendor’s property and are removed before settlement. Common exclusions may include:
Item | What to check |
|---|---|
Freestanding appliances | Fridges, washing machines and dryers are usually excluded unless listed as included. |
Furniture and décor | Lounges, dining tables, rugs, cushions and decorative items usually leave with the vendor. |
Pot plants and garden ornaments | These may be removed unless fixed to the ground or specifically included. |
Artwork and mirrors | Hanging artwork and mirrors may be removed; built-in or fixed mirrors should be checked. |
Portable heating and cooling | Movable air conditioners and heaters are generally treated as personal property. |
Smart home devices | Standalone speakers, portable cameras and non-wired devices may be removed unless listed. |
Outdoor furniture and freestanding BBQs | These usually leave with the vendor unless clearly included in the contract. |
Buyers should also check whether the property has been styled for sale. Staged furniture, rented décor, or display appliances may not belong to the vendor. It may never have been included in the purchase. Confirm ownership and contract wording early.
If you expect an item to stay, ask your conveyancer or solicitor to have it listed in the contract before you sign.
Tip: If it is movable, do not assume it is included.
Items that commonly cause disputes
Some inclusions and exclusions are more likely to cause disputes because they can be valuable, removable or difficult to identify in the contract.
Before signing, buyers should check whether these items are clearly listed, who owns them, and what will be handed over at settlement. This is especially important where an item affects the property’s value, running costs, access, security or liveability.
Solar panels and battery systems
Solar panels are often treated as fixtures because they are attached to the property and connected to the home’s electrical system. They may transfer with the property at settlement unless the contract of sale says otherwise.
The key issue is ownership. Some solar panels, inverters or battery systems may be subject to a lease, a finance agreement, a repayment plan or a third-party ownership arrangement. If that applies, the system may not transfer to the buyer without extra steps, costs or paperwork. Before exchange, buyers should ask for written confirmation of:
What to confirm | Why it matters |
|---|---|
Who owns the solar panels, inverter and battery | Confirms whether the vendor can transfer the system at settlement |
Whether there is any lease, loan or finance agreement | Helps identify debts, conditions or third-party rights attached to the system |
Whether warranties, manuals and installer details will be provided | Supports future maintenance or warranty claims |
Whether monitoring apps, logins and access codes will be transferred | Ensures the buyer can use and monitor the system after settlement |
Whether the contract matches what is installed | Reduces the risk of a dispute at the pre-settlement inspection |
This can be important if the solar system influenced your offer, expected energy costs or view of the property’s value. A newer solar panel system or large battery may be a valuable feature, but the buyer should confirm they will receive clear ownership and working access at settlement.
Do not assume a solar system is included because it is attached to the roof. Ask your conveyancer or solicitor to confirm ownership, finance arrangements and contract wording before you sign.
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Dishwashers
Dishwashers can cause settlement disputes because buyers may assume the appliance seen at inspection will remain with the property.
A built-in or integrated dishwasher is generally treated as a fixture, particularly if it is plumbed in, fitted under the bench or built into the kitchen cabinetry. It will usually stay with the property unless the contract of sale lists it as an exclusion.
The risk is in the details. A vendor may remove a higher-value dishwasher after exchange and replace it with a different model before settlement. The kitchen may still appear unchanged, but the buyer may not notice the difference until the pre-settlement inspection or after moving in.
If the dishwasher matters to you, ask for it to be clearly identified in the contract.
Detail to record | Why it matters |
|---|---|
Brand | Helps identify the specific appliance |
Model number | Reduces the risk of a like-for-like dispute |
Finish or colour | Helps confirm the appliance matches what was inspected |
Location | Confirms which dishwasher is included |
Condition at exchange | Helps manage disputes about damage or replacement |
A practical wording example could be: “Integrated Bosch dishwasher, stainless steel finish, located in the kitchen.” Your conveyancer or solicitor can confirm whether more detail is needed.
Do not rely on broad wording such as “kitchen appliances included” if a specific appliance has value to you. List it clearly before signing.
Light fittings and bulbs
Light fittings can cause settlement disputes because buyers often remember how the property looked at inspection, while the contract may address only broad inclusions.
Fixed light fittings are generally treated as fixtures and may stay with the property unless the contract of sale says otherwise. This can include ceiling lights, downlights, wall lights, pendant lights and chandeliers that are wired in or fixed to the property.
The potential issue is substitution. A vendor may remove a higher-value fitting before settlement and replace it with a basic alternative. For example, statement pendants over a kitchen island or a feature chandelier in a dining room may be swapped out unless the contract clearly identifies what is included.
Light bulbs can also create confusion. Smart globes, decorative filament bulbs and specialty bulbs may be removed by the vendor unless they are listed as inclusions. Individually, they may seem minor. Across a full property, replacement costs can add up.
Item to check | Why it matters |
|---|---|
Pendant lights | Higher-value or feature fittings may be replaced if not clearly listed |
Chandeliers | Often a focal point and may have separate value |
Wall sconces | Designer or feature fittings should be identified |
Smart globes | May be treated as removable personal property |
Connected lighting systems | Check whether hubs, apps, switches and access details are included |
Outdoor feature lighting | Confirm what stays, especially if it affects safety, security or presentation |
If a light fitting matters to you, describe it clearly in the contract and take dated photos before the exchange. At the pre-settlement inspection, check that the same fittings are still installed, not just that a light is present.
Do not assume “light fittings included” covers every fitting, bulb or smart lighting component you saw at inspection. Ask a conveyancer or solicitor to list any important items clearly before you sign.
Curtains, blinds and window furnishings
Curtains, blinds and window furnishings can be unclear because some are fixed to the property, while others may be removable.
Fixed tracks, built-in roller blinds, plantation shutters and blinds installed into the window frame are generally treated as fixtures. They may stay with the property unless the contract of sale lists them as exclusions.
More removable items can be different. Curtains on removable rods, sheer curtains, decorative drapes and custom fabrics may be removed by the vendor if they are not listed as inclusions.
Item to check | Why it matters |
|---|---|
Roller blinds | Confirm whether they are fixed to the frame and included |
Curtains | Check whether they are on fixed tracks or removable rods |
Plantation shutters | Often fixed, but should still be listed if important |
Sheers, drapes and pelmets | May be treated differently depending on how they are attached |
Motorised blinds | Confirm whether remotes, wall controls, apps and access details are included |
If window furnishings are important to you, ask for clear wording in the contract before you sign. For example: “All fixed roller blinds and curtains in bedrooms and living areas.” Your conveyancer or solicitor can confirm whether more detail is needed.
Take dated photos at inspection and compare them during the pre-settlement inspection. Do not just check whether the windows are covered; check that the same furnishings are still in place.
If curtains, blinds or window furnishings affect privacy, light control or the property’s value, it is a good idea to have them clearly listed in the contract.
Remote controls, spare keys and manuals
Remote controls, spare keys and manuals are easy to miss because they may not be listed in the contract. But if they are missing at settlement, they can lead to additional costs and delays for the buyer. These items may not affect the structure of the property, but they can affect how the home is accessed, operated and maintained.
Common items to check include:
Item to check | Why it matters |
|---|---|
Garage and gate remotes | Needed to access parking, driveways and secure areas |
Air conditioner and ceiling fan remotes | Needed to operate fixed appliances and fittings |
Spare keys | Check doors, windows, sheds, garages and mailboxes |
Alarm codes and smart lock access | Needed for security and access after settlement |
Appliance, pool, solar and HVAC manuals | Helps with operation, servicing and maintenance |
Warranty documents and installer details | May be useful for repairs, claims or future servicing |
Buyers should also check whether remote-operated items have multiple controllers.
For example, a double garage, motorised gate or ducted air conditioning system may have multiple remotes or access points. Before signing, ask for written confirmation that all relevant remotes, keys, codes, manuals and available warranty documents will be handed over at settlement.
At the pre-settlement inspection, test what you reasonably can and confirm the handover process with your conveyancer, solicitor or selling agent.
If an item is needed to access, operate or maintain the property, ask for it in writing before settlement.
Remember, the safest approach is to make important inclusions specific and written. Do not rely solely on what was visible at inspection or on what was described in the marketing materials.
Ask your conveyancer or solicitor to confirm the contract wording, keep dated photos where relevant, and check the same items again at the pre-settlement inspection.
How to protect yourself before and after signing
The best time to check property inclusions and exclusions is before you sign. Once contracts are exchanged, resolving a missing or substituted item can become harder and may delay settlement.
Before signing
Walk through the property and make a written list of every item you expect to stay. Compare that list with the inclusions schedule in the contract of sale. Raise any item that is missing, unclear or described too broadly before signing.
This is particularly important for items that affect the property’s value, access, security, running costs or liveability. It can also help to take dated photos of key inclusions when you inspect the property or make an offer.
If the vendor excludes an item usually treated as a fixture, ask why. It may indicate a finance arrangement, ownership issue or an intention to remove an item that matters to the sale.
If you have received a contract and want an initial check before speaking with your conveyancer, our Aussie Contract Analyser can help identify what is listed, what may be missing and what you may need to raise before signing.
Before settlement
At the pre-settlement inspection, check that every listed inclusion is still present and in the same condition as at exchange. This inspection is often completed shortly before settlement, but timing can vary by state, territory and contract terms.
If something is missing, damaged or substituted, contact your conveyancer. Depending on the contract and the rules in your state or territory, they may be able to seek a remedy, negotiate an adjustment or advise on whether settlement should proceed.
You might also be interested in: Property contract red flags: 8 warning signs to look for
A note on state differences
The distinction between fixtures and chattels is a common law principle that applies across Australia. Broadly, fixtures usually stay with the property and chattels usually leave with the vendor, but the way inclusions and exclusions are recorded can vary by state and contract type.
For buyers, the key issue is not just what the law generally says. It is how the specific contract in front of you deals with the item.
Victoria: The standard contract and Section 32 vendor statement will identify inclusions and excluded fittings separately. Review both documents carefully before signing the contract.
Queensland: REIQ contracts include space to deal with included chattels and excluded fixtures. Check this section carefully, as chattels not listed are not included in the sale.
New South Wales: The contract prepared by the vendor’s solicitor should identify what is included in the sale. If the inclusions list is missing, vague or inconsistent with what you saw at inspection, flag it before exchange.
In every state and territory, the safest rule is the same: if in doubt, add it to the contract. It is much easier to list an item before signing than to dispute it after settlement.
Ask your conveyancer to check any unclear inclusion, exclusion or grey-area item before exchange, especially if it affects the property’s value, function or your decision to buy.
Before settlement, check your property inclusions and exclusions
Inclusions and exclusions can affect what you actually receive when the settlement takes place. The safest approach is to make every important item clearly listed, confirmed in writing and checked before you sign.
Review the contract of sale carefully, compare it against what you saw at inspection, and ask your conveyancer or solicitor to confirm anything unclear. Pay close attention to grey-area items such as solar panels, dishwashers, light fittings, curtains, blinds, remotes, keys and manuals, particularly where ownership, condition or access could become an issue.
Before settlement, use the pre-settlement inspection to check that the listed inclusions are still present and in the agreed condition. If something is missing, damaged or substituted, contact your conveyancer or solicitor as soon as possible. You can use our free tool: Aussie Contract Analyser as an initial step to identify what is listed, what may be missing and what to raise before signing.
Aussie can also help you understand how contract checks, settlement timing and home loan approval fit into the buying process.