Case study Flashcards

1
Q

What are the requirements of the charities act?

A

If you are a registered charity and are planning to sell your property or land (or lease it for longer than 7 years) you need to get a qualified chartered surveyor to provide a Charity Act Report. Under the 2011 Charities Act, section 119, the trustees must obtain a written report on the proposed sale or lease.

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2
Q

what does the nppf include?

A

The National Planning Policy Framework (NPPF) sets out the Government’s economic, environmental and social planning policies for England. The policies set out in this framework apply to the preparation of local and neighbourhood plans and to decisions on planning applications. The NPPF covers a wide range of topics including: housing, business, economic development, transport and the natural environment.

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3
Q

what are the constraints of a conservation area?

A

Conservation Areas are usually created in those parts of towns or villages that are rich in history and character. The law says that they are: “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”.
If your development site is in a conservation area, you will generally need ‘planning permission for relevant demolition in a conservation area

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4
Q

What does an EIA outline?

A

Town and Country Planning (Environmental Impact Assessment) Regulations 2017
Where it is decided that an assessment is required, the applicant must prepare and submit an Environmental Statement.
Environmental statements outlines impacts on transport, ecology, noise, light pollution

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5
Q

Why is the TCPA 1990 important?

A

his legislation essentially required planning permission to be obtained when carrying out any development on land. Development includes building works, engineering works, change of use of the building and many more such items

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6
Q

What is the purpose of the Equality Act 2010?

A

The Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It provides Britain with a discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society
The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

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7
Q

What does the valuation of new build homes and valuation of development land outline, what new guidance is there?

A

Valuation of new build homes - introduces the new build market, determining your clients instructions, inspections and restricted inspections, weighing the evidence and the reporting the valuation

Valuation of development land outlines how to assess development potential, using the comparable method, valuing the residual method and reporting the valuation.

Valuation of development property - very similar the above.

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8
Q

how do you know the minimum PD size requirements is 13 sqm?

A

No law under the TCPA PD rights 2011, but there have been consented schemes as small as 13 sqm and legal cases .

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9
Q

What method of valuation did you use to value your Whitechapel site?

A

just a hardcore approach to quickly understand the estimated market value of the site once let. if advising my client I could present the information through term and reversion or a hardcore and layer method.

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10
Q

what is the five year land supply

A

A 5 year land supply is a supply of specific deliverable sites sufficient to provide 5 years’ worth of housing (and appropriate buffer) against a housing requirement set out in adopted strategic policies, or against a local housing need figure, using the standard method, as appropriate in accordance with paragraph 73 of the National Planning Policy Framework.

uses the SHLAA or Authority monitoring report confirming the amount of site which could come forward

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11
Q

What are the Rules of Conduct for members?

A
  1. Definition of member
  2. Communication of RICS
  3. Profesional Ethics
  4. Service
  5. Maintain solvency
  6. CPD
  7. Competence
  8. information to the RICS
  9. Co-operation
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12
Q

What are the Rules of Conduct for Firms?

A
  1. Definition of a surveying firm
  2. Communication
  3. Professional Ethics
  4. High level of service
  5. Maintain solvency
  6. CPD and training
  7. Competence
  8. CHP
  9. Clients money
  10. Use fo RICS designations
  11. Advertising
  12. succession plan
  13. PII
  14. information to RICS
  15. Co-operation
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13
Q

What is the difference between mandatory RICS codes and guidance notes? Which ones are mandatory?

A

Mandatory, members must adhere to and guidance is advice or best practice
RedBook, Property measurement standards, countering corruption, bribery ML&TF is mandatory
surveying safely, Contamination and Japanese knotweed are guidance notes

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14
Q

What are the 10 international ethical standards?

A
Accountability
Confidentiality
Conflict of interest
Financial responsibility 
Maintain Integrity
Be Lawfull and fair
Reflection
Service 
Transparent
Trust
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15
Q

What are the principles of the bribery act?

A
Proportionality
Top level commitment 
Risk Assessment 
DD
Communication
Monitoring and review
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16
Q

What does the RICS UK Commercial Real Estate Agency 2016 outline?

A

Standards and ethics, securing instructions, implementing and disposing of the asset (methods of sale), acquisitions and ending the instruction

17
Q

What is outlined within RICS GN Financial Viability in Planning 2012

A

Benchmarking land value and supporting evidence and guidance on how to undertake a FVA

18
Q

What does the London SHMA and SHLAA show?

A

London SHMA need to deliver 73,000 homes private and affordable the SHLAA shows capacity for 65,000 new homes

19
Q

What does the AMR show?

A

London AMR 2018 show 32,000 homes completed but the London plan target was 42,000

20
Q

How are Local Plans prepared?

A
  1. Evidence base is collected (SHMA,SHLAA)
  2. Public consultation
  3. Publish draft for consultation
  4. Examination in Public
  5. planning inspector will test it for soundness.
21
Q

How are Local Plans examined?

A

Examined by an independent inspector to determine soundness and check the following:

  1. Positivley prepared - to meet the needs
  2. Justified - based on evidence
  3. Effective - should be deliverable
  4. Consistent with NPPF
22
Q

How would you undertake a Viability Assessment?

A
  1. Determine the EUV by market value or price paid by benchmarking other sites
  2. Carry out a residual appraisal
  3. deduct the benchmarked land value
  4. positive value = scenario testing to determine appropriate AH. if negative cannot afford any more AH
  5. Submit to the LPA who will review
23
Q

What are the different types of affordable housing?

A
  1. Social rented housing – low rent set by RP and borough
  2. Affordable Rent housing – LA or RPs set no higher than 80% OMR
  3. Intermediate housing:
    a. Intermediate rent - not eligible for grant funding
    b. Shared ownership – housing that you buy part of and rent part of.
    c. shared equity
24
Q

What are the principles of the Data Protection Act?

A
  1. Processed Lawfully and fairly
  2. Purpose minimisation
  3. Data minimisation
  4. Accurate and up to date
  5. Storage limitation
  6. Integrity and secure
25
Q

What is the format of the Red Book?

A

The format of the red book sets out valuation performance standards, which include the methods of undertaking a valuation such as VPS1 (TOE) VPS2 (inspections) VPS3 (Valuation Reports) VPS4 (bases of value) VPS5 (methods)
There are also valuation practice guidance applications such as VPGA1 (financial statements) VPGA8 (Valuation of real property interest)

26
Q

What is the purpose of the UK National Supplement 2019?

A

The UK national supplement augments the Global Red Book for valuations that are subject to UK jurisdiction

27
Q

What are the new RICS rules for Firms?

A

Firms where 50% of the employees are MRCIS the firm must become regulated
Where 25% are MRICS the firm can request to be regulated

28
Q

What are the new rules to come in for the RICS logo and designation?

A

April 2020 firms must state what it means to be regulated by RICS

29
Q

RICS Client Money changes?

A

April 2019 firms must state how they handle clients money on website

30
Q

What are the changes to the Governing Council?

A

November 2018 governing council proposed modernisations
smaller governing council of 25 seats
merging of the regulatory board and standards board
better engagement with clients and public
improvements to digital infrastructure

31
Q

Case law for terms of engagement?

A

Flurets V Dashwood 2007 - obtained a fee after instruction ended as they introduced purchaser on sole selling rights

32
Q

Any tests that proves a 5 year housing supply?

A

The Housing Delivery Test 2018 measurement is an annual measurement of housing delivery in the area of relevant plan-making authorities

33
Q

How does the housing delivery test work?

A

The Housing Delivery Test is an annual measurement of housing delivery in the area of relevant plan-making authorities.

34
Q

Is there any AH guidance from RICS?

A

Valuation of land for affordable housing GN 2016

35
Q

What defences do you have against enforcement notices?

A

You must appeal against an enforcement notice to the Planning Inspectorate or Planning Appeals Commission (see contact details below) before the date on which the notice takes effect.

36
Q

What time limits apply to avoid enforcement notices?

A

In most cases, these are: Within four years of substantial completion for a breach of planning control consisting of operational development.

37
Q

What are the two new RICS PS which have been released?

A

RICS client money handling 2020

Valuation of development property 2019