When buying and selling property, what counts as a Fixture and what is a Fitting?
When it comes to selling property, people really can do the strangest things and incredible meanness and downright stupidity is often the order of the day. And, this is especially true when it comes to fixtures and fittings.
According to the Halifax, 4% of vendors remove the number plate, 8% remove all light bulbs and 26% remove plants.
The problem is that what constitutes the “chattels” that are within a property is not always clear and in most cases, the only way of resolving it is by the vendor attaching to the sales contract a detailed inventory of what is included in the sale.
The Law Society produces a standardised form for sellers to use and this should remove most disagreements. The form is six pages and covers just about everything you can imagine.
However, a vendor can still exclude something from a sale, as long as he makes this clear to the buyer. He can even take away the house and leave just the land.
If there is no list prepared by the conveyancer, then the contract of sale implies that fixtures can be left but fittings can be removed.
OK, so what is a Fixture?
Items that are attached to the property count as fixtures and are treated as part of the property. Fixtures are generally accepted to include the boiler, radiators, sinks, baths and lavatories. In the kitchen any units that are physically bolted onto the floor or walls also count.
Wardrobes that are physically fitted into a space - i.e. which use one or more wall as a side and which would be incomplete if removed would count as a fixture too. Light fitments and fitted shelving also count as fixtures.
And what is a fitting?
Fittings would cover mirrors that are screwed to a wall, carpets, curtains and curtain rails, cookers which are free standing, lamp shades, ovens, refrigerators and washing machines. TV aerials and satellite dishes are also usually classed as fittings.
If you are a buyer, first, assume nothing is included when you make an offer.
Second, make it clear to the agent what the offer will include but try to be reasonable. If there is something that you really like in the house, be aware that the vendor may like it too and may want to take it with him. In this case make a reasonable offer.
Third, it pays to know something of the vendor’s circumstances. If he is moving to a smaller property or say is going travelling for a few years, he will probably be happy to get rid of things for no money at all. It will save him hassle and storage costs.
In this case, the best course of action may to offer nothing for the items, but once your offer has been accepted, tell the vendor that you will be happy if he leaves them in the house. But if you do this, make sure they are included in the list of fixtures and fittings to be sold.
Fourth, check the fittings and fixtures list carefully to make sure everything you want has been included on it. If it hasn’t get it included.
Fifth, if you are buying anything electrical make sure it works and is safe. Ask to see a demonstration. In my experience vendors are very keen to ask for silly money for fridges and washing machines that are on their last legs.
If you are a seller, first itemize for the agent what you are selling. You should normally exclude expensive fittings like curtains and negotiate on those separately. Also, negotiate over other expensive built in items.
Second, don’t strip the property bare.
Third, don’t try to avoid higher stamp duty by selling a house at say £245,000 and then charging £5,000 for chattels that are only worth £500. Doing this will get you in trouble with HMRC!
If you need more advice on buying property or buy to let please ask me. I’m David Lawrenson from property advice firm www.lettingfocus.com
I’m the author of the buy to let bible “Successful Property Letting - How to Make Money in Buy to Let” the UK’s top selling property title.
I’m an expert on buy to let investments and a well known property columnist and I contribute to newspapers and a host of property websites, write a property investment blog and run a landlord mentoring service.
Check out my columns for FinancialExpress.net and Archant’s “The Guide” magazine
I also work as a consultant helping banks, building societies, housing associations and web portals with their buy to let and property products and services.
You can read more of my buy to let blog and details of my networking, advice, property seminar programme at my website www.lettingfocus.com.
My next London property networking meeting is on March 12th. Click here for details: Landllord Advice
What’s unique about lettingfocus.com is that we offer independent property investment advice because unlike most people in the buy to let and property “advice” business we are not linked to a property company, developer, agent or bridging loan financier and do not receive commissions from any of these sources.
If a property investment is lousy – We’ll tell you straight and we will tell you all about buy to let and property investment - the good and the bad and we won’t make silly promises that you’ll become a millionaire overnight.
Copyright: David Lawrenson 2007. This blog is updated at least twice a week. Permission must be sought before using the material in the blog.
According to the Halifax, 4% of vendors remove the number plate, 8% remove all light bulbs and 26% remove plants.
The problem is that what constitutes the “chattels” that are within a property is not always clear and in most cases, the only way of resolving it is by the vendor attaching to the sales contract a detailed inventory of what is included in the sale.
The Law Society produces a standardised form for sellers to use and this should remove most disagreements. The form is six pages and covers just about everything you can imagine.
However, a vendor can still exclude something from a sale, as long as he makes this clear to the buyer. He can even take away the house and leave just the land.
If there is no list prepared by the conveyancer, then the contract of sale implies that fixtures can be left but fittings can be removed.
OK, so what is a Fixture?
Items that are attached to the property count as fixtures and are treated as part of the property. Fixtures are generally accepted to include the boiler, radiators, sinks, baths and lavatories. In the kitchen any units that are physically bolted onto the floor or walls also count.
Wardrobes that are physically fitted into a space - i.e. which use one or more wall as a side and which would be incomplete if removed would count as a fixture too. Light fitments and fitted shelving also count as fixtures.
And what is a fitting?
Fittings would cover mirrors that are screwed to a wall, carpets, curtains and curtain rails, cookers which are free standing, lamp shades, ovens, refrigerators and washing machines. TV aerials and satellite dishes are also usually classed as fittings.
If you are a buyer, first, assume nothing is included when you make an offer.
Second, make it clear to the agent what the offer will include but try to be reasonable. If there is something that you really like in the house, be aware that the vendor may like it too and may want to take it with him. In this case make a reasonable offer.
Third, it pays to know something of the vendor’s circumstances. If he is moving to a smaller property or say is going travelling for a few years, he will probably be happy to get rid of things for no money at all. It will save him hassle and storage costs.
In this case, the best course of action may to offer nothing for the items, but once your offer has been accepted, tell the vendor that you will be happy if he leaves them in the house. But if you do this, make sure they are included in the list of fixtures and fittings to be sold.
Fourth, check the fittings and fixtures list carefully to make sure everything you want has been included on it. If it hasn’t get it included.
Fifth, if you are buying anything electrical make sure it works and is safe. Ask to see a demonstration. In my experience vendors are very keen to ask for silly money for fridges and washing machines that are on their last legs.
If you are a seller, first itemize for the agent what you are selling. You should normally exclude expensive fittings like curtains and negotiate on those separately. Also, negotiate over other expensive built in items.
Second, don’t strip the property bare.
Third, don’t try to avoid higher stamp duty by selling a house at say £245,000 and then charging £5,000 for chattels that are only worth £500. Doing this will get you in trouble with HMRC!
If you need more advice on buying property or buy to let please ask me. I’m David Lawrenson from property advice firm www.lettingfocus.com
I’m the author of the buy to let bible “Successful Property Letting - How to Make Money in Buy to Let” the UK’s top selling property title.
I’m an expert on buy to let investments and a well known property columnist and I contribute to newspapers and a host of property websites, write a property investment blog and run a landlord mentoring service.
Check out my columns for FinancialExpress.net and Archant’s “The Guide” magazine
I also work as a consultant helping banks, building societies, housing associations and web portals with their buy to let and property products and services.
You can read more of my buy to let blog and details of my networking, advice, property seminar programme at my website www.lettingfocus.com.
My next London property networking meeting is on March 12th. Click here for details: Landllord Advice
What’s unique about lettingfocus.com is that we offer independent property investment advice because unlike most people in the buy to let and property “advice” business we are not linked to a property company, developer, agent or bridging loan financier and do not receive commissions from any of these sources.
If a property investment is lousy – We’ll tell you straight and we will tell you all about buy to let and property investment - the good and the bad and we won’t make silly promises that you’ll become a millionaire overnight.
Copyright: David Lawrenson 2007. This blog is updated at least twice a week. Permission must be sought before using the material in the blog.
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