The law asks whether an item has become part of the land. The two guides are the degree of annexation, meaning how firmly it is attached, and the object of annexation, meaning whether it was attached to improve the land permanently or only for the better use of the item itself. Something bolted in to improve the land permanently tends to be a fixture, and something resting in place for its own enjoyment tends to be a chattel.
Fixtures pass to the buyer as part of the land. Chattels, such as furniture or a free standing appliance, pass only if the contract records them as goods sold. The particulars typically list both included and excluded goods to remove argument. Installed systems such as solar panels, hot water services, heaters and air conditioners generally read as fixtures.
A separate problem is security. Where a fixture or an included good is leased or financed, a third party may hold a security interest registered on the Personal Property Securities Register, so the vendor may not own it outright. Some solar and hot water systems are supplied under ongoing contracts that do not end on sale.
CMK Legal's property and conveyancing team can help with this.
Leased or financed items, including some solar and hot water systems, can carry a continuing contract or a registered security interest, so they are not always the vendor's to transfer. List included and excluded goods clearly and check the register for secured items.
Law referenced: General law of fixtures (degree and object of annexation); Personal Property Securities Act 2009 (security interests in goods); contract of sale, included and excluded goods.