Fixture and Fittings in Property Sale Contracts

Thursday 01 September 2011

What is the difference between ‘fixtures’ and ‘fittings’ in French property law?

The short answer is that there is no clear legal definition and the issue is one that can be a vexed question between buyer and seller.

We are frequently surprised at how the final decision on the sale/purchase of a property worth possibly several hundred thousand euros can come down to whether or not the cooker or carpets are included in the price.

Perhaps of greater concern is the frequency with which seller and buyer leave unstated just what is to be included in the sale.

Sometimes the buyer can be pleasantly surprised at just what the seller has left behind, but in recent years sellers do seem to be taking a less generous view of what they leave.

The result is that when buyers take occupation they can feel short-changed about the extent to which the property has been stripped of what they considered to have been 'fixtures'.

Fitted bedroom furniture and kitchens in particular are often a source of uncertainty in law, and between buyer and seller.

In general terms such items, which may be attached to the walls of the property, and which fit the dimensions of the space they occupy, would be construed as a ‘fixture’ by a court of law.

However, that is probably of little solace if you are faced with the cost and stress of legal proceedings to seek redress from the seller.

Another potential grey area concerns wood burners, particularly if the wood burner itself is removed, and the flue left in situ.

The same level of uncertainly applies to garden sheds that may not be built on a concrete foundation.

So the golden rule in these matters is to ensure that the sale contract makes clear just what is to be left in the property, particularly if you are uncertain whether it is a 'fitting' or a 'fixture'.

The less confidence a buyer has in the seller, then the longer the list of such items might need to included, e.g. boiler, bathroom and kitchen fixtures.

If fittings are to be left in the property, then one advantage of making a separate inventory of such items in the sale contract is that their value can be reduced from the purchase price of the property, which in turn reduces the level of fees and taxes payable.

This article was featured in our Newsletter dated 01/09/2011