BC Realtor Guide to Chattels, Fixtures, Inclusions & Exclusions (2026)
What stays and what goes? The chattel vs. fixture distinction is one of the most frequent sources of pre-completion disputes in BC real estate. A missing light fixture, a hot tub carted away, or a leased water heater not disclosed can derail a deal hours before possession. This guide covers the legal framework, every gray-area item, MLS listing obligations, contract drafting, and how to handle disputes.
The Legal Foundation: What Makes Something a Fixture?
BC courts apply a two-part test developed over more than a century of property law to determine whether an item is a fixture (passes with the land) or a chattel (personal property that belongs to the owner):
The Two-Part Legal Test
1. Degree of Attachment
How firmly is the item attached? A chandelier bolted to a ceiling box is more likely a fixture than a floor lamp plugged into an outlet. However, degree of attachment alone is not determinative — very light attachment can still create a fixture if the purpose test is satisfied.
2. Purpose of Attachment
Why was the item attached? Items attached for the permanent and better use of the land or building are fixtures. Items attached only for the better use of the chattel itself — so it can function — are chattels. A built-in bookcase designed for the room is a fixture. A freestanding bookcase screwed to the wall for safety is a chattel.
The critical practical reality is that this legal test produces uncertain outcomes for dozens of common household items. Courts have reached different conclusions on the same types of items depending on the specific facts. This uncertainty is exactly why BC realtors must list inclusions and exclusions explicitly rather than relying on the implied legal result.
⚠️ The Realtor's Rule
When in doubt, write it out. If you have to ask whether something is a fixture, the answer is: include it in the contract explicitly. The cost of a line in the Inclusions field is zero. The cost of a post-offer dispute is enormous.
The Gray-Area Item Classification Table
The following table categorizes common items by their usual legal status in BC and the level of dispute risk. Items rated "High Risk" should always be addressed explicitly in the listing and contract.
| Item | Usual Status | Dispute Risk | Key Consideration |
|---|---|---|---|
| Central heating / AC system | Fixture | Low | Always stays |
| Built-in appliances (wall oven, cooktop, dishwasher) | Fixture | Low | Integrated into cabinetry |
| Freestanding refrigerator | Chattel | Medium | Must be included or excluded explicitly |
| Freestanding washer / dryer | Chattel | Medium | Common inclusion but not automatic |
| Chandeliers / permanent light fixtures | Fixture | High | Seller often wants to take sentimental ones |
| Ceiling fans | Fixture | Medium | Wired in — generally stays |
| Window blinds / shutters (installed) | Fixture | Medium | Mounted hardware makes them fixtures |
| Drapes / curtain rods | Split | High | Rods = fixture; drapes = chattel |
| Hot tub (freestanding, pad-mounted) | Gray area | High | Specify in contract either way |
| Hot tub (built into deck) | Fixture | Medium | Structural integration = fixture |
| Above-ground pool | Chattel | High | Usually moves unless explicitly included |
| In-ground pool / equipment | Fixture | Low | Permanently installed; stays |
| Shed (bolted to concrete pad) | Fixture | Medium | Attachment + purpose test |
| Shed (freestanding, not anchored) | Chattel | High | Can be removed without contract protection |
| Solar panels (owned, roof-mounted) | Fixture | Medium | Part of building; check ownership vs lease |
| Solar panels (leased / PACE financed) | Fixture (encumbered) | High | Buyer must assume or discharge obligation |
| EV charger (hardwired level 2) | Fixture | Medium | Wired in — generally stays |
| EV charger (plug-in portable) | Chattel | Medium | Portable = personal property |
| Wine fridge (freestanding) | Chattel | High | Very common dispute item |
| Wine fridge (built-in, integrated) | Fixture | Medium | Cabinetry integration = fixture |
| Central vacuum system | Fixture | Low | Built into walls; stays |
| Security / alarm system (hardwired) | Fixture | Medium | Control panels and wired sensors = fixture |
| Security cameras (hardwired) | Fixture | Medium | Wired = fixture; wireless often chattel |
| Smart home devices (Nest, Ring doorbell) | Gray area | High | Hardwired = fixture; battery = chattel |
| Floating shelves (bracket-mounted) | Gray area | High | Damage on removal = reason sellers dispute |
| Built-in bookshelves / cabinetry | Fixture | Low | Custom-built = part of the building |
| Fireplace insert (freestanding) | Chattel | High | Can be removed — specify |
| Fireplace insert (built-in, vented) | Fixture | Low | Integral to structure |
| Garage door opener / remotes | Fixture | Medium | Opener stays; remotes sometimes taken |
| Garden equipment (lawn mower, tools) | Chattel | Low | Personal property — must be included |
| Water softener (owned) | Fixture | Medium | Plumbed in — usually stays |
| Water heater (owned) | Fixture | Low | Part of mechanical systems |
| Water heater (rented / leased) | Fixture (encumbered) | High | Buyer must assume rental — disclose this |
| HVAC / furnace rental | Fixture (encumbered) | High | Very common — always disclose |
Rented and Encumbered Equipment: The Silent Deal-Killer
One of the most common pre-completion disputes in BC involves equipment that looks like a fixture but is actually subject to a rental or financing agreement that must be assumed by the buyer — or discharged before closing.
Items Commonly Subject to Rental Agreements
Hot water heater / tank
Enercare, Reliance, and other companies offer HWT rentals. Monthly fees of $25–$60. Buyer must assume the contract at closing.
Furnace / HVAC system
Full system rentals are common in BC. Buyout costs can be $3,000–$8,000. Must be disclosed before offer — not after.
Water softener
Often rented from Culligan or similar. Lower cost but still an obligation buyers must know about.
Alarm / security system
Many are on monitoring contracts that transfer. Check the length and cancellation terms.
Solar panel system
Micro-FIT and similar programs in Canada involve 20-year contracts. Solar leases in BC are less common than Ontario but increasing. PACE financing creates a lien on title.
EV charger (financed)
Some level 2 chargers are financed through utility programs. Check for any encumbrances.
🚨 Realtor Disclosure Obligation
Under BCFSA practice standards, you must disclose all known rental and encumbrance information on equipment. If the seller tells you the hot water tank is rented, this must appear on the MLS listing and in the contract — not surfaced for the first time at the pre-possession inspection. Failure to disclose creates liability for both the seller and the listing agent.
During listing intake, ask your seller to pull their utility and home services bills and identify every item that has a recurring charge. This catches rentals before they become a surprise. Use your CRM to track this in the seller file.
MLS Listing Obligations: The Inclusions and Exclusions Fields
The BCREA Contract of Purchase and Sale has three relevant fields that govern what passes with the property:
Inclusions Field
Items beyond what fixture law would imply that the seller agrees to include. Use this for freestanding appliances, hot tubs, wine fridges, garden equipment, and anything the buyer has expressed interest in keeping.
Example: "Freestanding refrigerator (white, kitchen), LG washer and dryer (laundry room), hot tub (rear deck — not warranted), garden shed (cedar, rear yard)"
Exclusions Field
Fixtures the seller intends to remove. These items would normally pass with the property under fixture law, so they must be explicitly excluded. Common examples include dining room chandeliers, decorative mantels, custom mirrors, and specific light fixtures with sentimental value.
Example: "Dining room chandelier (crystal, will be replaced with standard fixture prior to completion), master bedroom wall mirror (custom, 2m × 1m), living room mantel (antique marble)"
Rental / Lease Items Field
All rented or encumbered equipment must be disclosed here. Include the company name, monthly cost, and whether the buyer will assume or the seller will discharge before completion.
Example: "Hot water tank — rented from Reliance Home Comfort, $28.50/month, buyer to assume; Furnace — rented from Enercare, $89/month, seller to buy out prior to completion"
MLS Listing Intake Checklist — Inclusions & Exclusions
Contract Drafting: How to Write Inclusions and Exclusions Correctly
Vague contract language is the root cause of most inclusion/exclusion disputes. Here is how to write each category correctly:
✗ Vague (Creates Risk)
"Appliances included"
"Light fixtures as viewed"
"Hot tub included (as is)"
"Washer and dryer"
✓ Precise (Best Practice)
"Freestanding stainless steel refrigerator (kitchen, Samsung model RF23A9771SR), built-in Bosch dishwasher, Whirlpool washer and dryer (laundry room, white)"
"All light fixtures currently installed as of the date of this Contract, with the exception of the dining room crystal chandelier (see Exclusions)"
"Hot tub (6-person, cedar surround, rear deck, not warranted, buyer accepts in current condition, seller to provide 2026 service records)"
"LG 5.0 cu ft top-load washer and Samsung 7.4 cu ft electric dryer, both located in main floor laundry room"
Special Situations and How to Draft Them
Situation: Seller wants to take a light fixture but replace it
"Exclusion: Dining room chandelier (crystal, seller's own, will be replaced by seller with standard equivalent fixture prior to completion at seller's cost). Replacement fixture to be approved by buyer in advance."
Situation: Hot tub with mechanical issues
"Inclusion: Hot tub (5-person, rear deck). Seller warrants that hot tub is in working order as of the date of this Contract. If hot tub is not in working order at the time of pre-completion inspection, seller to credit buyer $[X] toward repair or repair prior to completion at seller's election."
Situation: Rented water heater — buyer assumes
"Rental Item: Hot water tank (50 US gallon, Rheem), rented from Enercare at approximately $31.50/month + tax. Buyer agrees to assume this rental contract upon completion. Seller to provide rental agreement and contact information prior to subject removal."
Situation: Rented furnace — seller will buy out
"Rental Item: Forced air gas furnace (Lennox), currently rented from Enercare. Seller agrees to purchase out the rental agreement and provide the buyer with proof of ownership prior to completion. Cost of buyout to be paid by seller."
Situation: Solar panel system — third-party financed
"Encumbrance: Solar panel system (18 × 400W panels, rear roof) subject to a loan agreement with [Lender] with outstanding balance of approximately $[X] as of [Date]. Buyer agrees to assume this financing agreement upon completion. Seller to provide full loan details including outstanding balance and payment schedule within [X] days of acceptance."
Modern Gray-Area Items: Technology and New Construction
Technology items present unique challenges because the legal test was developed before smart homes existed. Here is how to handle the most common current issues:
Smart Home Hubs and Thermostats
A Nest or Ecobee thermostat hardwired to the HVAC control system is a fixture. A Ring doorbell hardwired into the door frame electrical circuit is a fixture. A battery-powered Ring doorbell or a portable Alexa device is a chattel. Smart light switches wired in are fixtures. Always specify these in the contract since buyers often assume all smart home devices stay.
Security Cameras and Systems
Hardwired security cameras and alarm panels are fixtures. Wireless cameras that run on batteries or plug into outlets are chattels. However, buyers often expect the complete system to stay. Draft this explicitly and note whether the monitoring contract transfers or terminates at completion.
EV Chargers
A hardwired level 2 charger (240V dedicated circuit, wall-mounted) is a fixture and passes with the home. A NEMA 14-50 plug-in portable EVSE is a chattel. Some sellers want to take their hardwired charger — if so, this must be excluded and the seller must restore the electrical panel to safe condition. In strata buildings, confirm the charger was installed with strata approval and whether the buyer will need to re-apply.
Solar Panel Systems
Roof-mounted solar panels connected to the home's electrical system are virtually always fixtures. The real questions are: Is the system owned, leased, or financed? If leased, the buyer must qualify to assume the lease — and some leases require the lessee to maintain the panels. PACE (Property Assessed Clean Energy) financing in BC creates a lien on title that must be discharged before or assumed at closing. Always request the system documentation during listing intake.
Landscaping and Outdoor Structures
Mature trees and planted shrubs are part of the land and pass with the property — a seller cannot take them. Potted plants are chattels. A concrete or stone patio is a fixture. Garden sculptures are usually chattels unless bolted to a foundation. Pergolas anchored to concrete footings are fixtures. Prefabricated gazebos are often chattels. When in doubt: list it.
Pre-Completion Inspection: Catching Problems Before Possession
The pre-completion walkthrough — typically scheduled 24 to 48 hours before completion — is the last line of defence against inclusion and exclusion disputes. Here is how to conduct it effectively:
Pre-Completion Inspection Protocol
If Something Is Missing: Options
Negotiate a credit
The most common resolution. Agree on a replacement cost and have the seller provide a credit through conveyancing. Both parties must consent and documentation should be prepared by the lawyers.
Request immediate replacement
The seller delivers the item or an acceptable equivalent before the completion date. Practical for high-value items that cannot easily be credited.
Delay completion
In rare cases, both parties can agree to extend the completion date to allow the seller to deliver or replace missing items. Requires written agreement and potential lender coordination.
Proceed and sue for damages
The buyer completes and pursues the seller through Small Claims Court (claims under $35,000) or BC Supreme Court for the value of missing items. This is a last resort — advise clients to document everything.
Refuse to complete (extreme cases only)
If the missing items constitute a material breach, the buyer may be able to refuse to complete. This is a significant legal step requiring lawyer advice — do not advise clients on this without legal counsel.
Advisory Scripts
Seller intake — collecting inclusions and exclusions
"I need to make sure we capture everything that's included and excluded in the listing before we go live. Let's go room by room. Starting in the kitchen — the fridge, is that staying? What about the washer and dryer? Is there anything you plan to take that might surprise a buyer — a favourite light fixture, that mantel, any custom shelving? And before we're done, I need to ask about any equipment that's rented — your hot water tank, furnace, alarm system — is any of that on a monthly contract?"
Buyer offer — confirming buyer's expectations
"Before we finalize the offer, I want to go through what's included so we're aligned with the listing. The listing shows the fridge, washer, and dryer staying. The chandelier in the dining room is excluded — the seller is replacing it with a standard fixture before closing. There is a hot water tank rental at $28/month that you'd take over. Is there anything you saw that you assumed was staying that we should specifically add?"
Seller removes fixture before completion
"I've just completed the pre-possession inspection and the dining room chandelier has been removed but not replaced as the contract requires. I'm going to flag this with my managing broker right away. To resolve this, we have a few options — the seller can install an equivalent fixture before completion, or we can negotiate a credit to your lawyer for the replacement cost. I recommend we get this sorted before you take possession rather than dealing with it after. Let me make a call."
Buyer asks about smart home devices
"Great question. The Nest thermostat is hardwired, so it would normally pass with the property as a fixture. The portable Alexa devices are the seller's personal property and won't stay. The Ring doorbell — I'd need to check whether it's wired or battery-powered. If it's wired, it should stay. To avoid any ambiguity, I'd suggest we list the Nest and the Ring doorbell explicitly in the inclusions so we have it in writing. Would you like me to add that to the offer?"
Frequently Asked Questions
What is the difference between a chattel and a fixture in BC real estate?
A fixture is an item so permanently attached to land or buildings that it passes with the property automatically unless specifically excluded. A chattel is personal property that belongs to the seller and moves with them unless specifically included. The legal test considers the degree of attachment and the purpose of attachment — items attached for permanent use are fixtures; items attached for convenient use of the chattel itself are chattels.
Does a hot tub stay with a BC home sale?
A hot tub is a classic gray area. If it sits on a pad connected only to power and water lines that can be easily disconnected, it may be a chattel. If it is built into a deck with structural integration, it leans toward fixture. The safest approach is to list it explicitly in the MLS 'Inclusions' field and the contract — either including or excluding it — so there is no ambiguity.
Are solar panels a fixture or chattel in BC?
Solar panels installed on a roof and connected to the home's electrical system are almost certainly fixtures — they pass with the property. However, if the panels are subject to a lease or PACE financing agreement, the buyer must assume or discharge that obligation. Always check whether the system is owned outright, leased, or financed, and disclose this in the listing.
What happens if a seller removes a fixture before closing?
Removing a fixture before closing is a breach of contract. The buyer is entitled to damages equal to the cost of replacing the item, and in serious cases can seek specific performance. If the removal is discovered at the pre-possession inspection, the buyer should document it, notify the seller through their agent, and request a credit or replacement before releasing the holdback. Contact your managing broker immediately if this occurs.
How should I handle inclusions and exclusions on the MLS listing?
List every gray-area item explicitly. Use the MLS 'Inclusions' field for items that will stay beyond what is implied by fixture law, and the 'Exclusions' field for fixtures the seller intends to take. Common exclusions include dining room light fixtures the seller is replacing, decorative mantels, specific appliances, and garden equipment. The MLS listing becomes the basis for buyer expectations, so vague or incomplete entries create disputes.
Key Takeaways
Track inclusions and rental items from day one
Magnate360 captures inclusions, exclusions, and rental equipment during listing intake — so nothing is missed before your MLS listing goes live.