A Guide for Sellers and Purchasers

When it comes to buying or selling a property in Namibia, one of the most common areas of confusion is determining what constitutes a fixture and what does not. This distinction is crucial because it affects what items can be removed by the seller when they move out and what must remain with the property for the new owner.

What is a Fixture?
A fixture is any item that is permanently attached to the property. The main criteria to determine if something is a fixture include the degree and purpose of attachment:

  • Degree of Attachment: If an item is attached to the property in a way that removing it would cause damage or if it is affixed with screws, nails, or other means, it is likely considered a fixture.
  • Purpose of Attachment: If the item is intended to be a permanent part of the property, serving the use and enjoyment of the property, it is also likely a fixture.

Examples of Fixtures:

  • Built-in Appliances: Ovens, dishwashers, and stovetops that are built into the cabinetry.
  • Lighting: Ceiling lights, chandeliers, and built-in lighting systems.
  • Plumbing: Sinks, toilets, and bathtubs.
  • Cabinetry: Built-in wardrobes, kitchen cabinets, and bathroom vanities.
  • Flooring: Carpeting that is tacked down, hardwood floors, and tiles.
  • Air Conditioning: Central air conditioning units and any built-in cooling systems.
  • Door Bells and Intercoms: These are usually wired into the electrical system of the house or fastened with screws and are considered fixtures.
  • Alarm System and Electric Fencing: These are usually wired and fastened with screws and are considered fixtures.
  • Curtain Railings and Rods: Brackets fixed to the walls and should remain with the property.
  • DSTV Dish and Antennas: Fixed to the building and are considered fixtures.
  • Plants and Lawn in the Garden: These are considered part of the property and are thus fixtures.

What is Not a Fixture?
Conversely, an item that can be removed without the use of tools is generally not considered a fixture. These items are considered personal property and can be taken by the seller when they move out.

Examples of Non-Fixtures:

  • Furniture: Sofas, chairs, and tables.
  • Decorative Items: Pictures, paintings, and mirrors that are hung on walls with nails or hooks.
  • Freestanding Appliances: Refrigerators, microwaves, and washing machines that are not built-in.
  • Rugs: Area rugs that are not permanently attached to the floor.
  • Potted Plants: These are not permanently attached to the property and can be moved easily.

Special Case: Freestanding Gas Stoves
The classification of a freestanding gas stove as a fixture or non-fixture can depend on specific circumstances:

  • As a Fixture: If the stove is bolted or otherwise permanently attached to the floor or surrounding cabinetry, or if it is hard-piped to the gas supply, it is likely considered a fixture.
  • As a Non-Fixture: If the stove is connected via flexible gas hoses and can be easily moved without tools, it is generally considered personal property and not a fixture.

Special Considerations
While the above rules of thumb are generally reliable, there can be exceptions based on specific agreements between the purchaser and seller. To avoid any misunderstandings, it is advisable for both parties to clearly outline what is not included and will be removed in the purchase agreement.

Tips for Sellers:

  1. Clarify with Your Agent: Discuss with your real estate agent what items you intend to take and what will stay. This ensures that there are no surprises for potential purchasers.
  2. Disclose Early: Clearly state any items that you plan to remove in the property listing or during the showing.
  3. Seek Agreement: If there are any items that could be disputed, seek an agreement with the purchaser in writing.

Tips for Purchasers:

  1. Inspect Thoroughly: During property viewings, note any fixtures that you expect to remain with the property.
  2. Ask Questions: If you are unsure whether an item is a fixture, ask the seller or your real estate agent.
  3. Get It in Writing: Ensure that all agreed-upon non-fixtures are listed in the purchase agreement to avoid any future disputes.

Conclusion
Understanding the difference between fixtures and non-fixtures is essential for a smooth real estate transaction. By following these guidelines and ensuring clear communication between purchasers and sellers, both parties can avoid misunderstandings and ensure a satisfactory property transfer.

Whether you are buying or selling property in Namibia, being informed about what constitutes a fixture will help you make better decisions and protect your interests. Always consult with your real estate agent or legal advisor if you have any uncertainties.