When you move into your new home, you may be disappointed that a certain item you assumed was a fixture has been removed. In South African legal precedent on fixtures and fittings, an object is considered ‘fixed’ if it is part of the property itself or has the character of being immovable.
This principle was highlighted in the case of Opperman v Stanley and Another (2010), where the court ruled on whether a weighbridge and augers became part of the immovable property.
However, regardless of legal definitions, fixtures may mean different things to different buyers and sellers. This makes it crucial to clarify what is and what isn’t included in a property sale.
What qualifies as a fixture?
Chris Tyson, founder and CEO of Tyson Properties, explains a common industry saying: “If you turn a house upside down—what doesn’t ‘fall out’ needs to be left behind. If you have ‘hooked’ something onto the wall, such as a piece of art or a mirror, that belongs to the seller.”
Common items classified as fixtures:
- Blinds and curtain rails
- Bathroom and kitchen cabinets
- Pool pumps, pool cleaners, and pool nets
- Built-in cupboards
- Fitted carpets
- Stoves (including built-in ovens and hobs)
- Chandeliers and light fittings
Unusual or disputed fixtures:
- DSTV aerials: Generally considered part of the property.
- Pool nets and equipment: Buyers should specify which items are included.
- Fixed garden hose reels: Often overlooked but usually classified as fixtures.
- Solar and inverter systems: Must be specified in the agreement.
- Water tanks (JoJo tanks): If installed, they are typically considered fixtures.
- Pizza ovens: Buyers should confirm if they are fitted or movable.
- Bathroom mirrors: If mounted, they are fixtures; if hung, they belong to the seller.
- Custom-made bars and bar stools: Could be a grey area—buyers should confirm inclusion in the sale agreement.
- Cycads and rare plants: If planted in the ground, they are considered part of the property.
- Gas stoves and fireplaces: Must include their gas cylinders, and compliance certificates are required.
Should fixed items be listed in the sale agreement?
Yes, confirms Tyson. All fixed items should be explicitly listed in the sale agreement to avoid confusion.
Sellers are also allowed to remove a fixed item before marketing the property. This prevents buyers from assuming certain fixtures are included in the sale.
What if a seller removes a fixture after the sale?
If a seller takes a fixture that should remain, the buyer has the right to request its return.
Supporting evidence may include:
- Agent photos of the property at the time of sale.
- Buyer’s personal photos or videos from viewings.
- Pre-sale inspection reports listing fixtures and fittings.
If a fixed item is removed, the conveyancer should be notified, and the seller must replace it before transfer.
Does a seller need to repair or replace broken fixtures?
It depends. If the item was already broken before the buyer viewed the property, the seller is not obligated to repair or replace it.
However, if the damage was not visible at the time of viewing (e.g., a faulty pool pump), the seller is responsible for repairs.
If a fixed item is stolen before transfer, the seller must replace it—this is usually covered by homeowner’s insurance.
Final thoughts
To avoid disputes, buyers and sellers should document all fixed items in the sale agreement. The more details included, the less risk of misunderstandings or legal issues.
