What counts as property accessories
What counts as property accessories?
Property accessories are a key concept in property law and refer to movable property that can be considered part of the property and thus included in a property transaction, unless otherwise agreed. For a buyer, it is crucial to understand what is included in the purchase and what is not, as this affects both the value and use of the property.
Actual property accessories
Actual property accessories include objects such as buildings, pipes, fences and other facilities intended for permanent use within the property. Examples of such accessories are trees and plants that are rooted in the ground and natural fertiliser. Buildings or facilities erected outside the property may also be considered property accessories if they are intended for permanent use in connection with an easement for the benefit of the property, such as a jetty or a road on a neighbouring property.
To determine whether something is a property accessory, consider whether it is intended for permanent use. A work shed erected during a construction period is not considered a property accessory, while a woodshed intended to remain in place and be used over time is considered a property accessory. It is also important to consider how the object is physically integrated with the property and whether it can be removed without causing damage.
Building fixtures
Building fixtures are items that are permanently installed in a building and are intended for the permanent use of the building. Examples of building fixtures include fixed beams, lifts, handrails, and pipes for water, heating and electricity, including taps and sockets. Boilers, radiators, stoves, tiled stoves, storm windows, awnings, firefighting equipment and keys are also considered building fixtures.
Different types of buildings have specific fixtures that are normally included. In residential properties, bathtubs, sanitary facilities, stoves, refrigerators and washing machines are commonly considered building fixtures. In retail premises, shelves, counters and shop window fittings may be included, while assembly rooms may have stages and seating arrangements as fixtures. For agricultural buildings, feeding equipment and machine milking facilities may be relevant, and in factory premises, cooling systems and fans may be included.
It is important to note that spare parts and duplicates of these items are not considered building fixtures. If a building is divided between different properties, the fixtures belong to the part of the building where they are actually located. It is also worth considering whether the items are intended to be used in conjunction with the building in a way that makes them indispensable to its function.
Industrial accessories
Industrial accessories are a special category of property accessories that apply to properties set up for industrial activities. This includes machinery and other equipment that has been brought onto the property to be used primarily in the industrial activities on site. However, it is possible for the property owner to exclude certain equipment from being counted as property accessories by making a declaration that is registered in the registration section of the property register.
It is important to note that vehicles, office equipment and hand tools are never considered industrial fixtures, regardless of how they are used in the business. This is because these items are considered too movable and not sufficiently integrated into the structure of the property to be considered fixtures. When assessing what constitutes industrial fixtures, it is also relevant to consider whether the equipment is necessary to operate the specific industrial activity on the property.
Understanding what counts as fixtures to a property is important when buying and selling real estate. It affects not only what is included in the purchase, but also how the property can be used and maintained. By knowing the different categories of property accessories – actual property accessories, building accessories and industrial accessories – both buyers and sellers can make more informed decisions and avoid misunderstandings. It is always a good idea to clearly specify in the purchase agreement what is included in the property purchase to avoid future disputes.
To ensure that all parties agree on what is included in a property transaction, it is wise to make a thorough inventory of the property's accessories before signing the purchase agreement. This may include documenting and photographing the items considered to be accessories, as well as discussing any exceptions or special agreements. By being proactive and clear on these issues, you can minimise the risk of misunderstandings and conflicts after the transaction has been completed.
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