What Can You Take from a Home When You Sell in South Australia?

Selling Your Home? Here’s What You LEGALLY Can’t Take When You Sell (And What You Should Leave If You Want Top Dollar!)

You’ve cleaned, styled and prepped your home for sale, and you’re ready to hand over the keys.

Then a last-minute phone call from your conveyancer stops you in your tracks: “The buyer’s noticed the garden lights are missing… did you take them?”

This kind of last-minute surprise is more common than you might think - and it can cost you time and money at a critical point in your sale.

So what happens when a buyer falls in love with something you planned to take with you?

When it comes to what you can and can’t take from a home when you sell in South Australia, the answer isn’t always simple.

Many sellers are caught off guard when they're told an item they thought was theirs to keep - like a special light fitting or a garden sculpture - is actually considered part of the sale.

And while it's tempting to focus solely on how your home presents, ignoring the legal implications of what stays and what goes can delay settlement, erode buyer trust - or worse - result in costly legal disputes.

But the good news? With a bit of guidance, you can protect yourself legally and strategically use your property’s inclusions to your advantage.

Fixtures vs. Chattels: The Legal Basics

Let’s start with a deceptively tricky concept: the difference between fixtures and chattels.

At first glance, it seems obvious - but in practice, the distinction is often murky.

Fixtures are considered part of the property itself. These are items that are either physically attached or so integrated that they’re assumed to come with the home.
Chattels are personal possessions that are not fixed and can be removed without causing damage or altering the property.

Here’s where it gets complicated: South Australian law doesn’t provide a rigid checklist.

Instead, it uses two guiding principles - and both require interpretation:

The degree of annexation: Is the item physically attached to the property? For example, a built-in oven that’s integrated into cabinetry is typically a fixture, while a benchtop microwave is not.
The purpose of annexation: Was the item intended to enhance or improve the property permanently? For instance, an air conditioning unit mounted on the wall would likely be a fixture, while a portable aircon unit plugged into a window is a chattel.

But what if the item is screwed in, yet intended to be temporary?

Or on the flip side, what if something is movable but integral to how the home functions?

“One of the most common traps we see is where sellers assume that if they bought and installed something, it’s theirs,” says Natalie Jones, Sales Director of We Connect Property.

“But once you attach it to the home, especially if it improves functionality, it may legally belong to the property - not to you.”

Bottom line: it’s not just about whether it can be removed, but whether it was meant to stay.

That nuance is what trips people up - and why having the conversation early with your agent prior to listing your home is critical.

What Usually Stays with the Property?

In practice, there’s a general understanding among agents and conveyancers of what’s expected to remain - and unless the sale contract says otherwise, these items are assumed to be part of the deal.

But here’s the trap: assumptions don’t hold up in contract law.

If a buyer sees an integrated dishwasher during an open inspection and it’s missing on settlement day - but wasn’t excluded in writing - that can be grounds for legal action.

Let’s break it down further:

Built-in appliances: Wall ovens, dishwashers, rangehoods and even microwaves that are integrated into cabinetry or electrics typically stay.
Light fittings: These include all permanent light fixtures, not just ceiling lights. Even pendant fittings - no matter how fancy - are considered fixtures unless removed or replaced before listing.
Window treatments: This includes everything from blinds and plantation shutters to curtain rods and brackets. You can take your designer curtains - but the rod and track they hang from likely stay.
Outdoor structures: Sheds, pergolas, fixed BBQs, even basketball hoops bolted into concrete - if it’s attached to the land or property, it’s considered part of the sale.
Landscaping and in-ground features: Buyers expect the established garden, the in-ground sprinkler system, and even built-in bench seating to stay.

“If it enhances the property in any way, buyers are probably expecting it to be included,” Natalie explains.

“That’s why, if you’re emotionally attached to something - like grandma’s heritage curtain fabric - swap it out before any listing photography and the first open.”

What You Can Legally Take with You

While fixtures stay with the property by default, chattels (moveable items) are yours to take - but only if there’s no ambiguity around their status.

And this is where many sellers trip up: just because something is legally a chattel doesn't mean buyers won’t expect it to be included if it’s on display during open inspections.

For example, a freestanding fridge that forms part of an integrated nook may be a chattel - but if it’s not clearly excluded in the sales contract, and it forms part of how the kitchen presents, buyers could assume it stays. If it disappears without warning before settlement, you risk a dispute.

This means you can usually take:

Furniture, even if it’s been professionally staged
Rugs, floor lamps and cushions (but not fixed carpets and light fittings)
Freestanding whitegoods like fridges, washers and dryers
Wall art and mirrors, unless they’re bolted or wall-mounted
Potted plants, but not in-ground landscaping, built-in garden beds or in-ground trees
Smart home devices that are unplugged and not wired into the house (eg. Google Home or Alexa speakers)

That said, smart sellers know there’s opportunity in what they choose to leave behind – and it pays to have the discussion with your agent before negotiations start happening.

“We had a client who offered to include their custom-made outdoor kitchen freestanding BBQ as a negotiation sweetener,” Natalie says.

“It was worth a few thousand dollars - but because it fitted the space perfectly and the buyers loved it, it helped close the deal for $10k above reserve. The buyers didn’t want to part with the ‘look and feel’ they’d fallen in love with.”

Natalie explains further.

“We always recommend sellers walk through their home with fresh eyes, as if they were the buyer.

“If there’s something visible that they plan to take with them, that could be assumed to be staying, it’s important to make it crystal clear before listing the property. And if in doubt, remove it before open inspections.”

The bottom line? It’s not enough for something to legally be yours - you also need to manage buyer expectations.

Transparency, documentation and early planning are key.

The Grey Zone

Some items aren’t clearly fixtures or chattels, and sit in a legal grey area.

These often cause tension between buyers and sellers, particularly at final inspection.

And this is where deals often fall apart - or at least turn sour - because items that don’t clearly fit either definition are open to interpretation unless they’re explicitly listed.

Here are some examples that could cause headaches for vendors:

Wall-mounted TVs & Sound Systems

The TV itself might be portable - but the bracket it hangs on is typically fixed. Many buyers expect both to remain. The safest approach? If you want to take the TV, remove it and patch the wall before listing, or state clearly that the bracket will be removed.

Decorative Light Fittings

Think chandeliers, feature pendants or even vintage sconces. These are legally fixtures, but often have emotional or aesthetic value to the seller. Solution: replace them before listing.

Custom Curtains or Sheers

While curtains themselves are chattels, their rods and tracks are fixtures. However, many buyers will assume they’re a package deal. If you want to keep them, make that intention known early.

Solar Equipment and EV Chargers

Solar panels are fixed, but portable battery units or chargers may not be. Given the rising value buyers place on energy efficiency, clarity on these is more important than ever.

No matter what, clear communication with your real estate agent early in the process is essential.

“If there’s even a hint of ambiguity, get it in writing,” says Natalie.

“If it’s sentimental or expensive and you want to keep it, remove it before you list. If it’s still in the house during an open inspection, assume a buyer will expect it to stay unless you say otherwise.

“To make it simpler, we advise all our clients to create a detailed inclusions/exclusions list before the home hits the market. It avoids so much stress later.”

Contracts, Clarity & Compliance

In South Australia, the rules around what stays or goes in a property sale aren’t just based on “common sense” – they’re legally mandated.

The standard contract provided by the Real Estate Institute of South Australia (REISA) outlines expectations around fixtures and fittings.

Unless otherwise stated, fixtures are deemed to be included, and chattels are excluded.

Put simply, when you sign a contract to sell your home, you’re entering a legal agreement that outlines exactly what the buyer is purchasing.

It’s also worth noting that verbal agreements - no matter how friendly or clear they seem - don’t stand up if a dispute arises later.

If something included in the written agreement is missing at final inspection, you could be in breach of contract.

That’s why working closely with your conveyancer is essential.

They’ll ensure the contract is crystal clear, rock solid and aligned with South Australian law.

The standard REISA contract includes specific sections where you can list:

Fixtures that are included by default
Chattels that are included or excluded
Any specific items that need to be clearly noted (e.g. custom-built furniture, security systems, or garden features)

But while the template helps, it’s only as good as the detail you put into it.

“This is where we see things unravel,” says Natalie.

“Too often, sellers assume their intentions are understood. But if you don’t write it down, it doesn’t exist in the eyes of the law.”

Also critical? Timing.

These decisions need to be made before the home is listed, not once an offer is on the table.

Why? Because what a buyer sees during an open inspection strongly shapes their expectations around what is part of the package.

Using Inclusions as a Strategic Tool to Boost Sale Price

Many sellers overlook one important fact: the right inclusions can increase buyer appeal and help you command a better price.

Think about it: buyers often fall in love with the feel of your home - the way the light hits the hallway mirror, the styled reading nook, the outdoor entertaining space.

These are emotional responses, and emotional responses lead to stronger offers.

Leaving behind certain high-appeal items can be a powerful nudge toward the price you want, so think creatively.

Some real-world tactics we’ve seen work include:

Leaving a freestanding wine fridge that matched the kitchen aesthetic
Including a smart irrigation system app setup with the garden
Offering to throw in an outdoor furniture set that completed the deck area
Keeping the surround sound stereo system installed
Leaving a statement pendant light in the entryway that creates a memorable first impression

These aren’t just nice gestures - they’re leverage.

“When used thoughtfully and strategically, inclusions create a sense of generosity and lifestyle value,” Natalie explains.

“Buyers feel they’re getting more than bricks and mortar - they’re buying the way the home feels. That’s what gets you top dollar.”

The key? Always cost out what you’re offering against the value it adds.

If it might tip a buyer from hesitant to committed, it’s likely worth more to you as leverage than as a keepsake.

Just remember: if you’re going to leave it, document it.

What to Do Before You List

By now, it should be clear that clarity is everything.

But what does that actually look like in your sales journey?

Here’s what we recommend every South Australian property seller do before the sign goes up:

1. Do a thorough walk-through - with your agent.

Look at each space and flag any item that might fall into the grey zone. Ask: Is it attached? Will the buyer expect it to stay? Do you plan to keep it?

2. Replace or remove anything you want to keep.

That pendant light from your wedding registry? Take it down. The heirloom mirror? Store it safely. If it’s not there during inspection, it won’t create assumptions.

3. Create a detailed inclusions/exclusions list.

Don’t just rely on your agent. You, as the seller, need to be clear on what’s going - and make sure your conveyancer reflects that in the contract.

4. Consider what you could leave to help the sale.

Talk to your agent about whether certain items could increase appeal or provide negotiation room.

5. Communicate clearly and consistently.

Ensure everyone on your selling team - your agent, stylist, conveyancer - is across the list and your preferences.

Clarity = Confidence

Selling your home is an emotional journey, but it’s also a legal one.

It’s easy to get swept up in presentation, styling and price expectations. But don’t overlook the fine print.

By understanding what you’re legally obligated to leave behind, being upfront about your intentions and thinking about what might help your home stand out, you’re setting yourself up not just for a smooth transaction - but a successful one.

And at the end of the day, it’s about being strategic.

The right inclusions can make your home more appealing, more memorable and, ultimately, more valuable.

“Selling smart means looking at the whole picture - not just what you’re leaving behind, but how you can turn those decisions into negotiation power. The little details often make the biggest difference,” emphasises Natalie.

In South Australia, the distinction between what stays and what goes when you sell your home can’t be left to guesswork.

And understanding the legal definition of fixtures and chattels is just the start.

If in doubt, ask your agent or conveyancer. The earlier you sort it, the more successful your sale!

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