An easy way to remember this? Imagine tipping the property on its side. Anything that stays in place is a fixture. Anything that falls out is a fitting! Common examples of fixtures include:. After the fixtures, fittings make up the rest of the items you would typically see in a property. Examples of fittings include:. Most of what's left can be classed as fixtures, with a few exceptions.
Fixtures would include anything that is securely fixed to the house, such as a fitted kitchen, internal doors, integrated appliances, fitted carpets or the bathroom suite. It would also include the boiler and central heating system, including any radiators.
There are a few items, however, that fall into a grey area, such as curtain rails, blinds, shelving and cabinets on the walls. Although these items won't fall out if you tip the house upside down, most of these items are only attached by a nail or a couple of screws and can still usually be classed as fittings. On the other hand, light fittings are generally classed as fixtures, but this doesn't necessarily mean that they will be left behind on completion.
The seller of a property may choose to take light fittings with them, but they are legally required to replace these with a ceiling rose, a flex a bulb holder and a bulb. They also must leave the light fitting in a safe condition, so it's not an option for them to just leave live wires hanging out of the ceiling! Ultimately, one person's view on what is classed as a fixture and what is classed as a fitting could be very different to another's.
This can result in disagreements during the conveyancing process or it could even result in a nasty surprise for the buyer on completion, when they arrive at their new home to find it stripped of things that they were expecting to have been left behind.
This is why the Fittings and Contents form is so important. This is a form that is completed by the seller to confirm exactly what they will and won't be leaving behind on completion of the sale. The Fittings and Contents form otherwise known as the TA10 has been created by the Law Society and is available to download from their website.
If you are selling a property then your Conveyancing Solicitor will also provide you with a copy of this. The form is divided into 11 sections, covering all of the basic fittings, light fittings, curtains, carpets, furniture, shelving and anything else that you would expect to find in most homes. The seller then needs to go through the property, room by room, and state whether each of these items will be included or excluded in the property sale.
Once completed, the seller's solicitor will pass this form to the buyer's solicitor so that the buyer can see exactly what will and what won't be left behind. If there are any unexpected surprises at this stage then they can raise this with the seller's solicitor and negotiate with them to reach an agreement. This means that come completion day the buyer will know whether, for example, they need to bring along new curtains to hang or whether they need to invest in a new washing machine and fridge-freezer.
Instead, under Clause 1 of the Scottish Standard Clauses, the fixtures and fittings, as well as the property contents that will be included at the date of entry which is when the buyer takes possession of the property , are listed. The definition of fixtures and fittings is similar in Scotland, and any movable items that have not been specified in Clause 1 and removed from the property before the date of entry — could see the buyer making a claim against the seller.
This means that things such as a marble fireplace would be expected to remain in the property as its removal would cause material damage to the decoration and fabric of the property. Its cost should be included in the price. For those who are buying or selling a home, you may be tempted by some online forums that recommend ways of mitigating a stamp duty bill.
And unless you are a first-time buyer who will be meeting certain criteria, everyone is required to pay stamp duty on residential property in England or Northern Ireland. This could be a risky undertaking because one of the recommended routes is to pay for the fixtures and fittings separately. And if the fixtures and fittings are found to be overvalued, then you are facing a potential penalty for the fraudulent attempt to avoid paying tax.
One of the issues when you need to fill in the T10, the fittings and contents form, is knowing how much to put down as the value of an item. This last item is particularly important because, for example, are you really thinking about taking the garden shed to your new property? If not, then leave it behind as a gift or ask for a reasonable amount. As the buyer, you should not take at face value what the seller is asking for, and you could research the prices by:.
However, despite light fittings being easily removed, these would be classed as a fixture - although wouldn't necessarily always be left behind by the seller. And that's where the legal part comes in and why it's hugely important to any sale, so both the buyer and the seller are clear on what is left behind and what is taken away.
Both buyers and sellers can sometimes have the opportunity to negotiate on fixtures and fittings. If a buyer, for example, finds the seller is unwilling to budge on a property's asking price, they could request that all white goods are left behind if they are to pay the full price. Alternatively, a seller might find that a buyer is unwilling to increase their offer to an acceptable figure, so they might wish to offer some fixtures and fittings if the buyer would be willing to bring their offer up a notch.
Despite many fittings being of low value, disagreements can occur between buyers and sellers, so the TA10 form is in place to avoid that. The TA10 form means that cannot happen, as both buyer and seller agree what stays and what goes as part of the contract of sale. Sellers should be given a copy of the TA10 form to complete by their solicitor and they should go through their property, a room at a time, and decide what fixtures and fittings they wish to leave behind and what they wish to take with them.
Once the form is completed, the seller's solicitor will hand it over to the buyer's solicitor for their client to go through and raise any queries.
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