Fixtures and Fittings:
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What Sellers Should Know.
Security systems, chandeliers, and air-conditioners … what goes and what stays put when it comes to a property sale? Avoid unnecessary disputes with potential buyers with these helpful tips from Seeff:
In general fixtures are things that are secured or bolted to floors and walls and may not be removed by the seller when a property sale is concluded. Fixtures are regarded as intrinsically “part of the property” and if the seller were to remove any of these the property would have to be altered or reconstructed in order to do so.
Examples of fixtures include amongst others things like light fitments, fixed furniture, built-in wardrobes, plug sockets, security and alarm systems, built in kitchen units like stoves and microwaves and built in air conditioning units.
Fittings on the other hand are not secured or bolted to the home and can be removed easily without any disruption. Examples of these include carpets, blinds, curtains, freestanding furniture and any personal property.
To add some perspective one can use the following example: you as a seller are allowed to remove your curtains, but you are not allowed to remove the curtain rails that have been secured to the wall with screws. In the case of something like a chandelier for example it ceases to be the personal property of the seller the moment that it is hung from the ceiling with bolts. In the case with something like a security system the same applies – it may not be removed from the wall and then the buyer can choose to activate it or not.
It should be noted however that there are many grey areas in the world of fixtures and fittings and even seasoned buyers and sellers are sometimes uncertain how to distinguish between the two. Of course there are also exceptions that complicate things further.
Steve van Wyk, Seeff’s MD in Centurion advises the best would be to specify in the sales agreement what constitutes as fixtures and what constitutes as fittings (especially if it is not a 100% obvious) as well as what is included in the sale and what is not. Clarity is especially needed in the case of things like pool pumps, DSTV dishes, bar chairs etc.
Fixtures and fittings are often an area of contention, but by adequately specifying these items conflict can be avoided. As a buyer you should not assume that anything is included in the sale, but rather specify this in the agreement and as a seller you should remove whatever you would not like to leave behind and replace it with something suitable well before you decide put your home on show.
Author: Seeff
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