Fixtures and fittings in a Malaysian subsale: what stays with the house and how to agree it

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By Jason Lim, REN 84424 · IQI Realty · Checked on 15 November 2026

This guide is for buyers and sellers of subsale (resale) homes in Johor Bahru, including buyers from abroad. The short answer: things fixed to the house, such as built-in kitchen cabinets, wardrobes, lights and ceiling fans, normally go with it, while loose furniture and appliances normally leave with the seller. Items in between, like air-conditioners, water heaters, curtains, solar panels and CCTV, are where most arguments start, so list every item that stays in the offer letter and attach the same list to the sale and purchase agreement (SPA).

Fixtures, fittings and loose items: the basic rule

The National Land Code (Kanun Tanah Negara) defines land to include the surface, what lies below it, natural growth, land under water and “all things attached to the earth or permanently fastened” to anything attached to it. A house is attached to the earth, so what is built into the house generally becomes part of what is sold.

In practice, people use three rough groups:

• Fixtures: items built in or fixed so that removing them would damage the house or leave it incomplete. Built-in kitchen cabinets, the sink and tap fittings, built-in wardrobes, bathroom fittings, window grilles, the main gate and the water tank are typical examples.
• Fittings: items attached by screws, brackets or plugs that can be taken off without real damage. Air-conditioners, water heaters, curtain rails, blinds, light fittings, ceiling fans and wall-mounted TV brackets sit here, and practice varies.
• Loose items (movables): anything that simply stands in the house, like furniture, rugs, fridges, washing machines, dryers, standing fans and pot plants.

When the boundary is unclear, courts generally look at how firmly an item is attached and why it was attached: to improve the house itself, or just to use the item while it is there. The real answer for any one sale is simple: the agreement decides. If the offer letter and the SPA list an item, it is part of the deal. If they say nothing, each side will read “usual practice” in its own favour.

What usually stays and what usually goes

How items are commonly treated in Johor Bahru subsales. This is practice, not a rule; the SPA overrides it.

Item	Commonly treated as	What to do
Built-in kitchen cabinets, hob and hood fixed into the worktop, sink	Stays	Confirm the hob, hood and built-in oven are included and working.
Built-in wardrobes, shoe cabinets, vanity units	Stays	Stand-alone wardrobes are loose furniture. Name the built-in ones.
Light fittings and ceiling fans	Usually stays	Decorative chandeliers and designer lights are often taken. List them if you want them.
Air-conditioners (split units)	Often stays, but varies	Count them room by room in the list, with the outdoor units.
Water heaters (bathroom)	Usually stays	List how many and which bathrooms.
Curtains, blinds and rails	Varies	Rails tend to stay; curtains are often taken. Write down which.
Window and door grilles, auto-gate motor and remotes, awnings	Stays	Count the gate remotes and access cards in the list.
Water pump, storage tank, under-sink or whole-house filter	Tanks and pumps stay; filters vary	Ask about the filter and its servicing records.
Rooftop solar panels and inverter	Stays physically; the programme needs paperwork	See the section on items that need extra steps.
EV charger, CCTV cameras, alarm, smart door lock	Varies	Agree in writing, and get codes, apps and admin access handed over.
Fridge, washing machine, dryer, TV, sofa, beds, dining set	Goes with the seller	Only stays if the list includes it.
Garden plants in the ground vs pots	Planted ones stay; pots usually go	Mention prized plants or garden lights if they matter to you.

Why “usually” is not enough: put the list in writing

The National House Buyers Association (HBA) has long advised purchasers to give their lawyer an inventory of fixtures, fittings and furniture to attach to the SPA, to avoid misunderstandings at completion. Subsales in Malaysia have no statutory standard-form SPA (the fixed Schedule G and H forms apply to developers’ new launches), so each subsale agreement is drafted by the lawyers and the list has to be added on purpose.

A good list is boring and exact. For each item, write:

• What it is, described generically (“1.5 hp split air-conditioner”, “built-in oven”).
• Where it is (master bedroom, kitchen, car porch).
• How many (four air-conditioners, two water heaters, three gate remotes, five access cards).
• Condition (“in working order at handover”) and, if agreed, that the seller will service it before handover.
• Photos taken at the viewing, dated and shared with both lawyers.

Agree the list before you pay the earnest deposit. My guide on making an offer on a subsale in Johor Bahru covers the offer letter itself, and my SPA guide explains the rest of the agreement.

When to agree each step, from viewing to keys

1. At the viewing. Ask the seller, room by room, what will stay. Take dated photos and short videos. My list of questions to ask at a subsale viewing includes this.
2. In the offer letter. Add a line such as “sale includes the fixtures and fittings listed in the attached schedule” and attach the list.
3. In the SPA. Give your lawyer the same list. Check that the SPA refers to it and that it matches the offer word for word.
4. Before completion. If there is a long gap before completion, ask the seller to keep the listed items in place and working. The subsale timeline guide shows how long that gap usually is.
5. At handover. Walk through with the list before you sign anything confirming receipt of vacant possession. Test each air-conditioner, water heater, hob, fan and light, and count remotes, keys and access cards. My subsale handover day checklist covers the rest of the inspection.

Items that need extra steps

Rooftop solar panels

Panels and the inverter are physically fixed, so they normally stay. The scheme behind them is the harder part. SEDA’s Solar ATAP programme, for example, runs for ten years from the start of its contract, and applicants must be registered TNB customers. A sale means the arrangement has to move to the new owner’s electricity account. Ask the seller for the installation documents and the SEDA and TNB papers, and check with SEDA and TNB how the new owner continues the arrangement before you rely on the savings. My guide to rooftop solar for landed homes explains the schemes.

EV chargers, CCTV, alarms and smart locks

These are bolted on but tied to the seller’s apps and accounts. If they stay, list them, and ask the seller to hand over admin access and remove their own account at handover. For chargers, see my guide to EV charging at JB homes; for cameras, my guide on home CCTV and neighbours’ privacy.

Cooking gas and water filters

A built-in hob stays, but LPG cylinders belong to whoever bought them, and piped gas is an account with the supplier that needs to be moved. See my guide on gas cylinders vs piped gas. If a water filter stays, ask when its cartridges were last changed.

Tenanted homes

With a tenant in place, some furniture may be the tenant’s. Ask for the tenancy inventory early and match the SPA list to it. My guide to buying a tenanted property covers deposits and the handover from the tenant’s side.

Paying for furniture and other money questions

• Put any furniture price in writing. If the seller asks extra for furniture or appliances, state the amount, what it covers and that items are handed over working.
• Do not use furniture to shift the price. LHDN’s stamp duty guideline (6 November 2025) explains that duty on a transfer is charged on the consideration in the document or on market value. Splitting the price to lower the property figure is not something to try, and your lawyer will not support it. See my guide to stamp duty adjudication and valuation.
• The bank values the property, not the sofa. Don’t expect loose furniture to raise the bank’s valuation; plan to pay for it from your own funds and confirm the paperwork with your bank and lawyer.

Foreign buyers: the same rules apply, and many of my overseas buyers agree the list from a video viewing. In Johor, foreigners can generally buy residential property only from RM1 million, with only limited exceptions (for example, some serviced apartments sold by developers with state approval); no area is exempt as a whole. See my Johor foreign buyer price floor guide and buying in JB without flying in.

If something is missing or swapped at handover

It happens: a newer air-conditioner is swapped for an older one, or the oven disappears. Keep it factual.

1. Record it. Photograph the empty bracket or the replacement, compare it with your viewing photos, and note it on the handover form.
2. Tell your lawyer and the agents straight away, ideally before the balance is released to the seller. It is far easier to settle while money is still moving.
3. Ask for the item back, a like-for-like replacement or an agreed sum.
4. If that fails, it is a contract claim. Small amounts can go through the small claims procedure in the Magistrates’ Court under Order 93 of the Rules of Court 2012, for claims up to RM5,000, without a lawyer representing you (Malay Mail, February 2025). Larger disputes need a lawyer.

For a seller, the fix is the same list, used honestly. If you plan to take the chandelier or the newest air-conditioner, say so before the offer, not at handover. My guide to preparing a home for sale covers what to agree in advance, and handling offers as a seller covers the offer letter from your side. If the deal is falling apart over more than a few items, read backing out after the SPA before you act.

This is general information, not legal advice. Your lawyer can tell you how your SPA treats fixtures and what your options are.

Where to buy if this matters to you

Older landed homes often come with years of built-in work; newer condos are often sold partly furnished.

• Mount Austin: many subsale condos and landed homes sold furnished or partly furnished.
• Tebrau, Setia Indah and Molek: established landed estates where built-in kitchens and extensions are common, so check the list closely.
• Skudai, Tampoi and Kempas: older terraces and semi-Ds with mixed renovation levels.
• Iskandar Puteri: newer landed homes and condos, some with solar panels and EV chargers.
• Bukit Indah and Gelang Patah: family landed estates near the Second Link.
• JB Sentral and Bukit Chagar: city condos where furnished units are common for Singapore commuters.

Compare them on my JB property map.

More Johor living guides: Subsale house inspection in JB · Furnished vs unfurnished rentals · Moving in: utilities and internet · Renovation and furnishing costs · Feng shui checks for resale homes

Frequently asked questions

Are air-conditioners fixtures in a Malaysian subsale?

There is no fixed rule. Split air-conditioners are fixed to the walls, and many sellers leave them, but some take them. List every unit that stays, room by room, in the offer letter and the SPA so there is nothing to argue about.

What stays with the house when I buy a subsale home?

Items built in or permanently fixed, such as built-in kitchen cabinets, wardrobes, sinks, grilles, gates and the water tank, normally pass with the property. Loose furniture and appliances leave with the seller unless the agreement says otherwise.

Can the seller remove the kitchen cabinets or built-in wardrobes?

Normally not, because they are fixed to the house and form part of what is sold. If the seller wants to take any built-in item, it should be agreed and written into the offer and the SPA before signing.

How do I make sure the furniture is included in the sale?

Make a written list with each item, its location, quantity and condition, attach it to the offer letter, and ask your lawyer to attach the same list to the SPA.

What can I do if the seller took items that were in the SPA?

Record what is missing, tell your lawyer and the agents quickly, and ask for the item back, a replacement or an agreed sum. If that fails, small claims up to RM5,000 can go to the Magistrates’ Court small claims procedure. This is not legal advice.

Do solar panels stay when a house is sold?

The panels and inverter are fixed, so they normally stay, but the scheme behind them is tied to the electricity account. Get the installation and programme papers from the seller and check with SEDA and TNB how the new owner continues the arrangement.

Buying or selling a subsale home in JB?

Tell me the home you are buying or selling. I will help both sides agree which fixtures, fittings and furniture stay, so the list is ready for the offer and your lawyer’s SPA. You can also book an appointment for viewings, or a Zoom consultation if you are abroad.

Sources: Ministry of Natural Resources and Environmental Sustainability (NRES), Land: definition of land under section 5 of the National Land Code, checked November 2026; Attorney General’s Chambers, Laws of Malaysia Online: National Land Code (Revised 2020) (Act 828), section 5; Contracts Act 1950 (Act 136), checked November 2026; National House Buyers Association (HBA), “Understanding an SPA (Part 1)”, first published in The Sun, 8 December 2006, checked November 2026; LHDN, Garis Panduan Pengenalan Duti Setem di bawah Akta Setem 1949, 6 November 2025; SEDA Malaysia, Solar ATAP FAQ (general): ten-year tenure, applicant must be a registered TNB consumer, checked November 2026; Malay Mail, on the small claims procedure (Order 93, Rules of Court 2012, claims up to RM5,000), 28 February 2025

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 15 November 2026, not legal advice. What stays with a home depends on your offer letter and SPA; confirm the wording with your lawyer before you sign.