Home Q&A: What fixtures and fittings belong to the new owner when a property is sold?

Cork estate agent Johanna Murphy advises on what stays and what goes once the house keys have been exchanged 

If you're the property seller and you love that chandelier, don't include it in the itemised list of fixtures and fittings. File picture

When we finally get to the sale-agreed stage on a home, whether as buyer or seller, there’s a lot to think about. 

One issue that could create unexpected rows after the closing process is the touchy matter of what was agreed as coming with the house — those fixtures and fittings. 

How do we know exactly what the fixtures and fittings are?

Are they just everything screwed and Grip Fixed in place? As the sellers of the property, can we elect to take a fixture or fitting with us? It’s actually a little more complicated than the adage that if you need tools to take something down, it stays in the property.

Co Cork estate agent Johanna Murphy is well-placed to answer our questions and explain the importance of working out a seller’s itemised list of what does not come with the home, what’s staying in the property and garden, and what the seller would be willing to part with (for a price). 

Johanna is the second generation of her family to sell and manage properties in Cobh, Kinsale and the surrounding areas.

Following her process, this part of the exchange can be organised, timely, and transparent, without unwelcome clashes between the home seller and the buyer.

The estate agent has a key role to play, notes Johanna. “Clear documentation is key in any property sale, she says. “In terms of fixtures and fittings, we need to know exactly what’s staying, what’s being removed, and what’s for sale.

“It’s a good idea for buyers to communicate through the estate agent, who can help clarify details with the vendor and keep everything professional. Flexibility and cooperation between buyers and sellers can make the process smoother, especially when personal items are involved, as these might be taken by the seller or replaced with alternatives.” It’s a tricky time as sellers gather their life together, and we are straining to get to close the deal, get in and settle down.

Johanna Murphy, estate agent, Johanna Murphy & Sons. 

Where do we start? “It’s essential to define what is included and what is excluded to avoid misunderstandings,” says Johanna. “Items that are not physically attached, such as freestanding furniture or movable objects, are typically not considered fixtures and can be removed unless specifically stated otherwise.

“However, shared fixtures or items that might fall between the categories, such as radiator covers or sheds, should be discussed early on and documented clearly.”

There are typical fixtures usually included with a sale, fittings and a wide range of free-standing items that might be staying or negotiated for a price. Don’t assume fittings stay and fixtures are automatically up for grabs. Everything in the house that’s staying or available for sale should be confirmed in an itemised list created by the seller.

Staying (unless otherwise stated)

Carpets, curtains, blinds, light fittings, built-in robes and units, garden shed, modular home (if confirmed in the contract), integrated appliances and stoves are all staying unless otherwise agreed.

Available for sale

This list could feature freestanding wardrobes, the garden shed, modular home, kitchen appliances (if not included as fixtures unless integrated), garden pots and furniture, especially in old houses.

Creating an itemised list of what will remain, what will be removed, and what is available for sale (by the seller) helps to ensure that all parties are aware and have agreed, preventing disputes later in the process, according to Johanna. 

So, if you’ve been eyeing a handy butcher block-on-wheels in the kitchen, don’t just assume it comes with the home. 

Make a formal enquiry through your agent if this does not appear on the seller’s itemised list of included fixtures/fittings and items for sale. 

This list should specify each item individually and should include, for example, light fittings, blinds, curtains, carpets, fireplaces (especially in period homes), and chandeliers, according to Johanna. 

“The seller should explicitly state the status of each item, and whether each fireplace and chandelier will remain in situ, as these are often valuable and sought after," she adds. 

“By listing each item, all parties can refer to the document, reducing the risk of misunderstandings or disputes. It’s advisable to agree upon and circulate this list from day one, so everyone knows exactly what is included and excluded in the sale.” 

Is this gorgeous over-mantel coming with the house? Don’t assume because it’s screwed to the wall that you will own it as the buyer of the house. Check the seller’s itemised list. File picture

So, what if something we love is not on the list, but we’re willing to make an offer on it, or to consider the seller’s price if they are happy to let go of something like a rug or a piece of garden statuary? “When a buyer wishes to request or make an offer on items not technically considered fixtures and fittings, such as freestanding furniture or removable appliances, it is important to communicate this through the estate agent,” says Johanna.

“The agent acts as the intermediary between the vendor and the purchaser, ensuring all negotiations and requests are handled professionally and confidentially. This protects both parties, especially if they prefer to remain anonymous during the process.

“The agent will then approach the vendor to clarify what is available for sale and negotiate any potential purchase. Buyers should avoid direct contact with the vendor until contracts are signed and the deal is concrete, as this helps maintain transparency and avoids confusion.

“The agent’s involvement ensures that all agreements are documented, and that both parties understand exactly what is included, what can be purchased separately, and what is excluded, supporting a smooth and dispute-free transaction.”

It’s important to check that the itemised list agreed upon by the seller and the buyer is being adhered to, adds Johanna: “The final inspection, typically carried out around three days before closing, is crucial for confirming that all fixtures and fittings agreed upon are present and accounted for. 

"If, during this inspection, you notice an item missing that you presumed would remain, such as a fixture or fitting documented in the contract, it’s important to address the issue promptly.”

Refer to the itemised list included in the contract to verify what should stay or go, as this serves as the official record for both parties. “If an item has been removed contrary to the agreement, raise the matter immediately with the agent,” says Johanna. 

“Your solicitor will then liaise with the other party to resolve the situation, which may involve negotiating compensation or arranging for the item to be returned. 

Solicitors and estate agents always encourage formulating a clear, written list in the contract for precisely this reason. 

"Ultimately, the best way to avoid such complications is to ensure the itemised list is comprehensive, agreed upon from the outset, and referenced throughout the transaction. The list should be checked at the final inspection, allowing any discrepancies to be addressed before the sale closes, supporting a smooth and fair property transfer for all involved.”

Having moved homes a few times, I’ve been faced with unexpected things left behind in homes and even rentals. These orphaned items are not always welcome, but Johanna encourages sustainable practices where possible. 

“If there are unwanted contents, consider selling, donating, or agreeing with the other party for them to be removed,” she says. “Always arrange a final inspection before closing to confirm everything matches the agreed list.

“Your estate agent can guide you on handling contents and ensure all documentation is in order, helping you avoid delays resulting in unnecessary tax issues, and making your property journey as stress-free as possible.”

See Johannamurphy.com