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APC Building Surveying > Ethics And Rules Of Conduct > Flashcards

Ethics And Rules Of Conduct Flashcards

1
Q

What date is the latest version of the Rules for Registration of Firms?

A

1ST April 2020

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2
Q

Why does RICS Branding/Logo Guidance relate to the Registration of Firms?

A

Only regulated firms may use the RICS logo

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3
Q

What RICS status does the registration of firms document held?

A

It’s a Regulation

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4
Q

What is the status of a Practice Statement?

A

Mandatory for RICS members and firms

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5
Q

What edition is the RICS Professional Statement on ‘Countering Bribery and Corruption, money laundering and terrorist financing’?

A

1st Edition February 2019

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6
Q

What is an assigned risk pool?

A

A facility provided by RICS for firms that can’t get PII

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7
Q

What is run off cover?

A

For when firms close/employees leave. It provides insurance cover for 6 years.

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8
Q

What is the Run Off Pool?

A

Equivalent to the Risk Pool but for run off cover.

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9
Q

What are the 5 Global Professional and Ethical standards?

A
  1. Act with Integrity
  2. Provide a High Standard of Service
  3. Promote Trust in the Profession
  4. Treat Others With Respect
  5. Take Responsibility for your Actions
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10
Q

What is a conflict of interest?

A

Anything that impedes or may be percieved to impede on an individuals or firms ability to act impartially & at the best interest of the client.

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11
Q

Name some of the approved ombudsmen bodies for complaints handling?

A 
Centre for Effective Dispute Resolution
Property Redress Scheme
Financial Ombudsmen Service
Local Government Ombudsmen
Adjudicators Office
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12
Q

What edition of the RICS document ‘Conflicts of Interest’ are we on?
What document status is it?

A

1st Edition dated March 2017

Professional statement

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13
Q

What is informed consent?

How would you go by getting informed consent?

A

Informed consent can only be sought where the RICS member or firm is satisfied that proceeding despite the conflict of interest is:
a) in the interests of all those who are or may be affected and
b) is not prohibited by law
and that the conflict will not prevent the member or regulated firm from providing competent and diligent advice to those that may be affected.

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14
Q

What are the three parts of the ‘Conflicts of Interest’ professional statement?

A

Part 1 - Professional Statement - conflicts of interest and confidentiality
Part 2 - General Commentary Notes
Part 3 - Supporting Commentary Notes

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15
Q

Detail the RICS Governance Structure

A

Privy Council
Then Governing Council
Then Regulatory Tribunal, Standards and Regulation Board, Management Board, Audit Committee, Nominations Committee and Presidential Nominations Committee.
Then, Finance Committee, Wold Regional boards and Market Advisory and Remuneration committee.

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16
Q

What is Lionheart?

A

A charity for RICS professionals from APC to retirement

Provide financial support, health and wellbeing, counselling and work related support. Legal Advise

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17
Q

How many hours CPD do you need to record each year once qualified?

A

20 hours per year

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18
Q

What is the RICS moto?

A

There is measure in all things

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19
Q

When was RICS founded?

A

1868

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20
Q

Royal charter granted

A

1881

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21
Q

RICS President?

A

Kathleen Fontana

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22
Q

What are the RICS presidents current objectives?

A

Sustainability
Dealing with Covid
SME’s and working remotely.

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23
Q

What is a fixed RICS penalty

A

Fine given for non compliance with the rules

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24
Q

Main principles of the bribery act?

And consquences?

A

Don’t offer or accept a bribe
Knowing about it
Receiving a bribe
Bribing a foreign government official

Up to 10 years in prision

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25
Q

What is a contract officer?

A

When registering the firm with RICS you need a designated contact within the RICS

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26
Q

What do you do if you suspect money laundering?

A

Report to National Crime Agency, your director and the police

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27
Q

What do registered firms need to provide to RICS annually?

A 
Annual financial return
type of services offered
nature of clients
training provisions
details of PI insurance
If you hold clients money, how much and the procedures to hold it.
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28
Q

Whats required to start own practice?

A

nominated contact officer
locum agreement
register with company’s house
business bank account

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29
Q

Why are there codes of conduct?

A

Promote standardisation across the globe
consistency
protect clients
assist members in meeting requirements

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30
Q

What is 2020 consult rules on ethics involving?

A 
combine member and firm rules & 5 global standards
5 new proposed rules
honesty and integrity
maintaining competence
respect
public interest responsibility
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31
Q

What should PII policy cover?

A

Everything that you offer as a service

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32
Q

how would you close a business?

A 
contact rics
do final accounts ans submit to rics
get run off cover min 15 years
return any clients money
retain copies of files for min 6 years
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33
Q

What is the RICS Mission Statement?

A

To qualify and equip our professionals to the highest level
To promote and enforce standards
To lead solutions to the major challenges facing the built environment through
professional expertise.

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34
Q

What are the RICS’ 5 principles of better regulation?

A 
Proportionality
Accountability
Consistency
Targetting
Transparency
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35
Q

What is the difference between RICS ethics and rules?

A

Ethics are a set of moral values while rules of conduct are a framework that we work
to.

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36
Q

How many professional and ethical standards are there?

A

5

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37
Q

When were the Rules of Conduct introduced?

A

July 2007

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38
Q

How many Rules of Conduct for members are there?

A

9

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39
Q

Name the Rules of Conduct for Members?

A 
Interpretation
Communication
Ethical Behaviour
Competence
Service
Continuous Professional Development (CPD)
Solvency
Information to RICS
Co-operation
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40
Q

How many Rules of Conduct for firms are there?

A

15

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41
Q

Name the Rules of Conduct for Firms

A 
Interpretation
Communication
Professional Behaviour
Competence
Service
Training & CPD
Complaints handling
Client’s money
PI insurance (Professional Indemnity)
Advertising
Solvency
Arrangements to cover incapacity / death of a sole practitioner
Use of designations
Information to RICS
Co-operation
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42
Q

Your brother in law is a chartered surveyor. You find out that he is working outside the RICS Rules of Conduct. What do you do?

A

I verify the facts and confront him reminding him of his duties as a member of the
RICS.
I inform the RICS specifying my relationaship to the person and any corrective action
which I believe my brother-in-law is committed to put in place.

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43
Q

In the case of a breach of a rule of conduct what is the procedure?

A

Not every shortcoming will necessarily give rise to proceedings
A formal investigation by the Head of Regulation of the RICS is the first step in the
process
The RICS can request information and/or visit and inspect to investigate compliance
Members must cooperate fully with all enquiries

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44
Q

How can a disciplinary proceeding be triggered?

A

Someone complaining to the RICS
An allegation by a client or third party
Information received or established by the RICS

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45
Q

What three actions can be imposed after the end of the investigation
stage?

A

Fixed penalty
Consent order
Disciplinary panel

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46
Q

What are fixed penalties?

A

A fine by the RICS

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47
Q

When are fixed penalties applicable?

A

It is used for minor breaches of Rule 8 for members and Rule 14 for firms – failure to
provide the RICS with required information (annual returns, CPD records)
For continued non-compliance a further notice may be issued and the fine increased
Appeals can be made against them within 28 days

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48
Q

What are consent orders?

A

It is a written agreement between the RICS and a member or firm concerning a disciplinary issue on a breach of the RICS rules.
It can require the member to take certain corrective actions, or restrain them from taking certain actions for a specified period of time and may require them to pay a fine or costs

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49
Q

When are consent orders applicable?

A

For low level breaches of the rules that can easily be corrected
Can be applied for the breach of any of the Rules
Fines applied may be £2,000 per breach

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50
Q

When is a disciplinary panel applicable?

A

Used for more serious breaches of conduct
The panel will usually be held in public
The burden of proof is on the RICS
Balance of probabilities

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51
Q

What sort of breaches would expulsion be suitable for?

A

Gross, persistent or wilful failure to comply with an RICS rule of conduct
E.g. fraud, dishonesty, conviction of a serious criminal offence, gross incompetence,
deliberate discrimination, misappropriation of a client;s money

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52
Q

How are disciplinary breaches published?

A

Disciplinary panel hearings are posted on the website 14 days before
The decision is published in RICS business, on the website and in local newspapers
A list of number of fixed penalties and consent orders issued during the previous
quarter is placed on the RICS website for 12 months, doesn’t name individuals or
firms

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53
Q

What procedures must you follow if you are starting up a new practice?

A

Contact the RICS for guidance – provide a company start up pack
Inform the RICS and register for regulation
Appoint a contact officer for all RICS communication
Prepare a complaints handling procedure
Obtain PI cover
Abide by the Rules of Conduct for Firms
Use the designation ‘Regulated by RICS’ on all practice material

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54
Q

Would you advertise your new company in the press?

A

Yes as long as it is in a trustful and responsible manner (rules of conduct)

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55
Q

What are the Money Laundering Regulations 2017

A

Money laundering means exchanging money or assets that were obtained criminally
for other money/assets that are ‘clean’. Also means money to fund terrorism
Money Laundering Regulations apply to all regulated sectors.
Requirements;
• Undertake customer due diligence (sanction check) e.g. identify customer
• Keep records e.g. of due diligence checks for 5 years
• Maintain internal procedures to identify & prevent laundering
• Report suspicious activity (SAR = Suspicious Authority Report)
• Internally to nominated money laundering reporting officer
• Externally - Strange transactions must be reported to the serious organised
crime agency (SOCA). The nominated officer of the company reports using a
SAR report.
• Train employees on internal procedures & legislative obligations
• Cash payments over £15k Euros or £10k Pounds, disreputable firms.
• Suspicion can be speculation or based on strange behaviours — uneconomic
decisions

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56
Q

Proceeds of Crime Act 2000

A

Applies to everyone & facilitates Money Laundering Regulations making it illegal to
be involved in concealing or transferring criminal property.

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57
Q

Types of client accounts?

A

General account: holds money for more than one client

Discrete account: single named client

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58
Q

What is Negligence?

A

A duty of care is owed to all clients and 3rd parties using reasonable skill and care.
If it is breached and there is a loss, then a claim for damages arises.

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59
Q

Describe the case of Merrit V Babb (2001)

A

Surveyor sued for negligence by former client when firms Pll cover was cancelled
when firm became solvent which highlighted the importance of run off cover.

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60
Q

What must a complaints handling procedure include?

A

The RICS provides a model form
Must include a redress mechanism
Details should be issued to the client with the Terms of Business
It must be clear, quick, transparent and impartial and free of charge
Names and contact details of the nominated investigating person must be stated
The complaint must be investigated within 28 days
All complaints, their progress and outcomes must be recorded
Note the need to advise PI insurers of a complaint
Must have two stages as a minimum:
Consideration of the complaint by a senior member of the firm or the complaints
handling officer
If not resolved, referred to an independent third party with the authority to award
redress

61
Q

What is your employer’s procedure for complaint handling?

A

RICS specifies 2 stages (1- Senior member of staff 2- Independant redress scheme)
The person is invited to make a complaint in writting to Andy Bailey our designated
complaint handler who will investigate the complaint with all parties involved and
adviced the complainant of any action taken within 21 days.
If the complainant is not satisfied, the complaint is escaladated to the Regional
Managing Director who will take action and respond within 21 days.

Should the complainant be still dissatisfied, the matter can be taken to mediation
through the RICS Dispute Resolution Service.
Finally the complaint can be dealt with in arbitration under the Surveyors Arbitration
Scheme.

62
Q

What is an independent redress scheme?

A

It is a consumer scheme designed to handle small issues that would be
disproportionally expensive to take to court. Each scheme has a financial limit.
If the scheme judges in favour of the complainant, it is binding. If it judges in favour
of the firm, the complainant can take it to Court.
RICS firms must specify which redress scheme they want to use; it could be an
ombusman, arbitration or sometimes adjudication
If the complaint relates to a large amount of money or if the complainant wishes so,
he can take the matter to court.
The small claims court deals with claims below £5,000.

63
Q

What do you do if you received a letter of complaint?

A

I acknowledge reception and I forward it to our designated complaint handler, as per
our complaint handling procedure, providing additional information as required.
If I am a sole practisioner, I inform the RICS if it warranted my complaint handling
procedure and I notify my PI insurer.

64
Q

What practices should be following when handling client’s money?

A

Separate designated bank accounts
Advise the client and they must agree to the account handling terms in writing
Monies must be available to clients on demand
Interest is to be paid to clients unless otherwise agreed
Signatories must be agreed, only authorised staff allowed and at least two required
A bank reconciliation must be undertaken at regular intervals
All firms will be audited by RICS’ appointed accountants
These firms are required to pay RICS an annual fee as monitoring costs

65
Q

What is the ‘Clients’ Money Protection Scheme’?

A

Run by the RICS
Provides for any member of the public to be reimbursed their direct loss of funds
This is provided through RICS insurance policy

66
Q

What is the purpose of the joint names on a client account?

A

Dual authorisation

67
Q

Name a recent article you’ve read from Modus?

A

?

68
Q

What are ethics?

A

The moral principles that govern a person’s behaviour or the conducting of an
activity.
One way to assess whether you are acting with ethics is to consider whether you
would be happy for your actions to be publically known and whether you could justify
your actions if they were being challenged.

69
Q

What would you do if the contractor invites you to a football match?

A

Politely decline

I would not want to accept any hospitality that may appear to reduce my impartiality

70
Q

What would you do if the client invites you to a football match?

A

Politely decline

If he is insistent, pay for my own costs

71
Q

What would you do if a contractor offered to take you out for lunch?

A

Accept but point out that I would reciprocate at a later date so as to refrain from
appearing unethical.

72
Q

During your interim valuation, the contractor gave you a bottle of
wine. What do you do?

A

Politely refuse as it could be seen to affect decisions.

73
Q

What do you do if a contractor offers you a crate/ bottle of whiskey/
diary at Xmas?

A

Kindly thank them but decline the offer- acceptance would be against professional
conduct.
May be acceptable to receive gifts of low value or for marketing purposes and
hospitality received in the course of a business meeting that can be reciprocated like
a working lunch. Anything that affects professional opinion is not acceptable.

74
Q

The client says thanks for a great job, I’m taking the whole of the
project team out for dinner – do you go?

A

If the project is complete and everything has been agreed, I would accept but offer to
contribute to the cost.

75
Q

Assuming you were successful in getting chartered, how would you
deal with a situation such as a friend who asks you to provide them
with BS advice?

A

I could not offer advice on my own without PI insurance.
If I did have my own PI insurance I would ensure that the information given was
subject to the thorough checking process given to all information prior to issue
regardless of who it was to.
Inform them they can contact you during working hours to discuss T&Cs of
appointment.
If you are not comfortable acting for them, advise them to use the RICS “find a
surveyor scheme”
Adhere to rules of conduct.

76
Q

What steps should be taken if there is a conflict of two clients
represented by the same firm?

A

Disclose to each client the possibility, nature and circumstances of the conflict, in
writing
Inform them you cannot continue to act for them unless requested to do so
Obtain written confirmation from both that you can act

77
Q

What measures could be taken to protect commercially sensitive
information?

A

Exclusivity of staff working for each of the clients, including support teams
Staff confidentiality strictly enforced
Physical separation of staff
Security of stored documentation, including locked filing cabinets etc

78
Q

What is the purpose of Professional Indemnity Insurance?

A

To provide financial cover in the event a client suffers financial loss as a result of a
breach of professional duty e.g. neglect, error or omission

79
Q

Tell me about Merrett v Babb?

A

Court case in 2001
Babb had done a valuation as an employee of a company for a house purchased by
Merrett
Valuation later found to be negligent
The original company no longer existed
Court ruled Merrett could pursue the individual – Babb – for the losses
Big shock in the industry

80
Q

How long should run off cover be in place?

A

Depends on the type of contracts the professional has been involved with
Usually 6 years if contract executed under hand
12 years if executed as a deed

81
Q

What are the requirements regarding PI by the RICS?

A

Must be made on an ‘each and every’ claim basis
Gives min wording
Sets out minimum levels of indemnity
Sets out maximum levels of uninsured excess
Run off cover must be in place for at least 6 years
Should include cover for past and present employees, directors and partners

82
Q

What are the minimum levels of indemnity? / How do you determine
the level of PI cover?

A

This depends on the firm’s turnover.

£100,000.00 OR LESS = £250,000 Min

£100,001 to £200,000 = £500,000 min

£200,000 + = £1,000,000.

83
Q

What measures should be taken to try and avoid PI claims?

A

Keep full and detailed records of meetings, conversations etc
Record recommendations and advice given
Use proper letters of engagement, scope of services and terms of engagement
Don’t advise on a specialism outside your field of experience
Use RICS guidelines
Avoid poor management and excessive workloads

84
Q

Are you familiar with the term limit of liability and where would it be
used?

A

Limit of liability is used to place a cap on the level of exposure a business signs up
to.
In the aggregate means as a maximum after many different claims.
If cover is for each and every claim, it is that level for each claim.
Anything not covered by PI insurance can be gone after so assets could be at risk.

85
Q

What are the main elements included in a fee proposal?

A

Terms and conditions
Scope of services
Exclusions
Assumptions – e.g. programme

86
Q

If you put together a fee proposal, but a couple of months into the job
you realise that you have under forecasted your resources, would you
go back to the client and ask for more money?

A

If project requirements (services, scope, value) have increased, then would go back
to client for more fees
But if remained the same, it is a mistake so deal with it and get it right next time.
Do not reduce level of service you offered originally.

87
Q

Once you and your client agreed the services to be provided verbally
what would you do next?

A

Follow up with a letter which included terms and conditions, fee and scope of
services in writing.

88
Q

If the client gives you a lump sum fee before going on holiday, what
would you do?

A

Place in a separately identified client account and agree a drawdown of monies
against services.

89
Q

If a client was prepared to pay you in advance for services you were
providing, how would you ensure this was dealt with?

A

Set up a separate client account this is properly named and clearly identifiable.
Provide the client with a statement of account.
Inform and agree drawdowns.
Prior to drawing monies send a statement of how much is to be withdrawn and what
services and associated fees are made up of, send updated statements of account
Once complete, show a final statement, ensure everything is complete and
transparent.

90
Q

If a client came back to you and asked you to adjust your fees what
would you do?

A

I can only lower my price if I lower my scope of services which may not be in my
potential client’s interest.

May devalue the profession

91
Q

The employer likes your fee, and says he has two other projects with
fees from Chartered QS’s that are lower than yours, if you knock a bit
off, they’re both yours – what do you do?

A

I explain him that it is against the ethical principles of competition

92
Q

The partner says you have spent all the fees on the job, the final
accounts are still to be agreed and some areas are still to be remeasured
according to the contractor, what should you do?

A

I do not lower my level of services.
I investigate why all the fees have been spent.
If it is an error in our fee calculation, I put in place measures to ensure that it does
not happen again.
If it is because we have provided additional services I give all the details to my
director to prepare a claim for additional fees.
I ensure that I keep track of fee spending and of all works not included in our scope
of services.

93
Q

What are the RICS Global Professional and Ethical Standards?

A 
5
Act with Integrity
Provide a High Standard of Service
Act in a way that promote trust in the profession
Treat Others with Respect
Take Responsibility
94
Q

What are the four offences under the Bribery Act?

A

bribing another person (section 1);
being bribed (section 2);
bribing a foreign public official (section 6); and
failure by a commercial organisation to prevent bribery (section 7).

95
Q

Why is trust in the profession important?

A

So that RICS is a trusted organisation and can continue to provide services to clients.

96
Q

If you were to set up your own business, what would you need to do?

A

Nominated contact officer
Locum agreement
register with companies house
Business bank account

97
Q

How many hours CPD does a Chartered Surveyor need to record annually?

A

20 hours

98
Q

What is run off cover?

A

Run-off cover is insurance for claims made against a firm after it has stopped doing business. It makes sure that: clients can be compensated for claims made after a firm has closed. retired partners of the firm have financial security and won’t be personally liable for any claims.

99
Q

Outline some of the key subject areas of the rules for firms.

A 
Interpretation
Communication
Professional behaviour
competence
service
training and cpd
complaints handling
clients money
indemnity
advertising
solvency
locum agreement
use of designations
information to RICS
cooperation
100
Q

Outline some of the key subject areas of the rules for members.

A 
Interpretation
Communication
Ethical Behaviour
Competence
Service
CPD
Solvency
Information to RICS
Cooperation
101
Q

Give me a couple of examples of the RICS ethical standards.

A

High standard of service
I do this by ensuring I work within my capabilities and to the clients brief.
Treat others with respect
I don’t discriminate and I am polite to everyone I work with and encounter.

102
Q

Explain why the Bribery Act is important to professionals working in the construction industry.

A

I believe it is important in all industries but potentially more likely in construction to speed the process up or get through difficult legislation and therefore should be more aware of it.

103
Q

Give me an example of how you could be exposed to fraud in your current role.

A

falsification of valuations or payment certificates

104
Q

What do you understand by the term “Client’s money”?

A

Money held for the client, for example deposits held for lease arrangements.
Money for paying contractors etc.

105
Q

Give me some examples of how your firm might comply with the Money Laundering Regulations.

A

Not accepting cash payments above 10,000 euro.

106
Q

How does a firm decide how much PII it requires?

A

PII Regulation document there is a table based on company turnover and minimum amount of insurance required.

107
Q

What do you understand about the current RICS Rules of conduct consultation?

A

They are looking to combine the rules for members and firms and the ethical standards into 5 standards.

108
Q

What is the RICS decision tree?

A

It’s an ethical decision tree to help you decide if what you are doing is ethical

109
Q

How would you protect your clients interests if you were to give up practice?

A

Run off cover for any issues that may arise, finish any current work before closing the practice.

Have a locum agreement or partnership in place so that the client can refer to them if needed.

110
Q

How would you determine the time period that run off cover would need to be provided?

A

6 years if under hand

12 if signed by deed.

111
Q

Horncastle Roof

Explain how you remained professional?

A

Treated the client with respect and polite. Ensured I kept them informed

112
Q

Horncastle Roof

What does being professional mean?

A

Professionalism involves consistently achieving high standards, both in the work you do and the way you behave. Being professional helps you to achieve high-quality results, while impressing and inspiring others – and feeling good about yourself.

113
Q

Horncastle Roof

Did you undertake any conflict checks prior to taking on the project?

A

I did a sense check to make sure I didn’t know or have any connections with anyone on site

114
Q

Explain how you comply with RICS CPD policy whilst you have undertaken your training period.

A

Only recorded valid training and recorded them as formal or informal as per decision tree.

115
Q

Have you ever been offered a gift?

A

No. But if I were I would determine whether it was appropriate and record in the companies gift register if I could accept.

116
Q

Chase Road

In recognising your own lack of experience, describe how you explained this to the client.

A

Explained at the intitial outset that this would be required and would be outside of my competence.

117
Q

Chase Road

How did you ensure that the party wall surveyor had appropriate PII levels? What advice did you give to your client?

A

Confirmed with the surveyor asked to see certificate. Recommended that the surveyor was part of the facility for party wall surveyors and was a chartered member of the RICS.

118
Q

Chase

Why did the surveyor have to be independent?

A

I wanted to avoid any conflicts of interest.

119
Q

What is a Responsible Principle?

A

Someone who has designated authority within the surveying firm.

They can be the responsible principle and the contact officer, or delegate contact officer to someone else.

Ensures regulation and statutory guidance is complied with by the firm. Includes ensuring firm is following RICS ethics roles.

Should be a RICS member unless agreed by head of regulation at RICS.

120
Q

What were the recent changes to the RICS Professional Indemnity Insurance requirements?

A
  • Insurers not permitted to exclude fire safety claims on properties four storeys or less.
  • New requirement for insurers to clarify cyber cover
  • New insurer included in the list of RICS approved insurers
121
Q

What status is a professional statement?

A

Mandatory

122
Q

What status is a RICS code of Practice?

A

Mandatory or good practice (confirmed within the document itself)

123
Q

What status is a guidance note?

A

Recommended Best Practice

124
Q

What status is a RICS information Paper?

A

Information and/or recommended best practice

125
Q

What status is the Conflicts of Interest document?

A

Professional Statement (mandatory)

126
Q

What is included in the Conflicts of Interest Professional Statement?

A

Maintain Records to show compliance with the professional statement.

  • Definition of a ‘Party Conflict’ for example duty owed to a court when acting as a expert witness..
  • Details of informed consent
  • Information Barriers (part of a solution when informed consent is in place)
  • Confidentiality and how it applies to all clients (old, current and potential)
127
Q

Chase Road

What is a party wall?

A

It’s a shared wall. There are two types known as Type A and Type B. A type A party wall is where the wall stands on the land of two different owners. The boundary is down the centre of the shared wall.

Type B is less common, where the wall sits on the land of one owner but is being used by both parties.

128
Q

What does the Party Wall Act Cover?

A

Various work that is going to be carried out directly to an existing party wall or party structure

New building at or astride the boundary line between properties

Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations

129
Q

What does Section 2 of the Party Wall Act cover?

A

Work to existing party walls.

(must inform all adjoining owners - AO’s cannot prevent work being done but can influence how and when it is done)

A section two notice is simple to serve and must be done 2 months before the planned start date.

If a disagreement occurs, then a surveyor is appointed to draw up an award. A surveyor can be anyone that is not party to the matter but shouldn’t be engaged in the building work already and should have a good knowledge of construction and the party wall act.

130
Q

What does Section 6 of the Act cover?

A

Excavating for and constructing foundations for a new building within 3 meters of any part of neighbouring owners structure.

OR within 6 meters where any part of that work will meet a line drawn downwards at 45 degree in the direction of the excavation from the bottom of the neighbours foundations.

131
Q

What would you do with surplus moneys in a client account?

A

After 3 years donate to a charity.

132
Q

How would you spot signs of modern slavery in tradesmen on site?

A

have few personal belongings, wear the same clothes every day or wear unsuitable clothes for work. not be able to move around freely. be reluctant to talk to strangers or the authorities. appear frightened, withdrawn, or show signs of physical or psychological abuse.

133
Q

1) What are the 5 ethical standards?

A 
Act with integrity
Maintain a high standard of service
Promote trust in the profession
Treat others with respect
Take Responsibility
134
Q

2) Under integrity, you were asked by a friend to give advice, how would you deal with this?

A

I would advise I didn’t have PII and would decline to give advise.

135
Q

3) High standards of service, you declined to offer services, what concluded that you couldn’t offer this service?

A

Outside of a competency
Illegal
Conflict of interest with the client

136
Q

4) Have you heard of the term whistleblowing and what is your understanding of this?

A

You’re a whistleblower if you’re a worker and you report certain types of wrongdoing. This will usually be something you’ve seen at work - though not always.

The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.

As a whistleblower you’re protected by law - you should not be treated unfairly or lose your job because you ‘blow the whistle’.

You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future

You’re protected by law if you report any of the following:
•a criminal offence, for example fraud
•someone’s health and safety is in danger
•risk or actual damage to the environment
•a miscarriage of justice
•the company is breaking the law, for example does not have the right insurance
•you believe someone is covering up wrongdoing

137
Q

5) You are overwhelmed with work, are you still able to provide the same level of service?

A

No

138
Q

6) What would you do if your manager doesn’t reduce your work load?

A

Suggest alternatives for other colleagues to carry out the work or ask for which work to be prioritized.

139
Q

7) If your manager doesn’t agree to reduce work load, what would you do as a responsible individual?

A

As a last resort explain to the client that the work may be delayed

140
Q

8) What are the CPD requirements?

A

20 hours with a minimum of 10 formal

141
Q

What do you know about the RICS global ethical standards and why were they changed?

A

They were changed from 12 previously to make them clearer.

142
Q

You mention promoting trust in the profession; give me an example of how you have
achieved this during one of your own projects.

A

Made sure i’ve been honest and open with the client about projects. For example letting them know what is possible with regards to remodelling works within their budget without promising the world.

143
Q

Considering the differences between Rules for Members and Rules for Firms what additional
things must you do when operating a regulated firm?

A 
Have a complaints handling procedure
Preserve clients money
Locum Agreement
Solvency
Advertising
Use of designations
144
Q

What is your own company’s complaints procedure?

A

Internal Escalation

145
Q

You mention professional indemnity insurance; how would you go about obtaining this?

A

Go to the RICS approved insurers to obtain a quote.

146
Q

What is professional indemnity insurance for?

A

Protecting the client and yourself against any professional negligence

147
Q

What requirements do RICS stipulate in respect of professional indemnity insurance?

A

Detail minimum limits in regards to turnover
Details maximum levels of uninsured excess
Must be underwritten by a listed insurer
Must have run off cover

148
Q

If you became a chartered professional which would you feel was more important to
follow…the RICS Rules for Members or Kier policies/ procedures?

A

Both equally important.

As a member of RICS I would be bound by their rules, but equally if I don’t follow my employer’s procedures I risk disciplinary action. should a conflict of duties ever arise I would need to discuss the matter with both organisations to see if a compromise could be reached.

149
Q

What is RICS Matrix?

A

RICS Matrics. It supports new Chartered Surveyors entering the profession, and works with RICS to help shape the future of surveying.

APC Building Surveying (25 decks)

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