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APC > Ethics & Mandatory > Flashcards

Ethics & Mandatory Flashcards

1
Q

Why do you want to become a member of RICS?

A

Be a part of a world leading institution
Have access to a global network of professionals

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2
Q

What is the role of RICS?

A

RICS develops and enforces leading international standards to protect consumers and businesses, ensuring the highest level of professionalism in the surveying profession.

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3
Q

What are the key functions of RICS?

A

Advancing ethical and technical standards for the surveying profession
Protecting and providing benefits to consumers by enforcing standards and codes of best practice
Providing expert impartial advice to governments, business and the public
Equipping RICS members with leading edge advice, market insight and professional training

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4
Q

What is a Royal Charter?

A

A Royal Charter is an instrument of incorporation, granted by The King, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs.

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5
Q

Who is the current RICS president?

A

Ann Gray FRICS since Jan 2023, previously Clement Lau

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6
Q

What is a Bye-Law?

A

Bye-Laws of the Institution made from time to time under the Royal Charter. Changes to Bye-Laws can only be amended following a membership vote and approval of Privy Council which is part of the UK government

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7
Q

Give an example of one of the RICS Bye-Laws.

A

Bye-Law 1 - Application
Bye Law 2 - Membership and Application
Bye Law 3 - Designations
Bye Law 4 - Contributions to Funds
Bye Law 5 - Conduct
Bye-Law 6 - Governing Council
Bye Law 6 - Subordinate Boards
Bye Law 7 - Procedure for General Meetings
Bye Law 8 - Accounts and Audit
Bye Law 9 - General

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8
Q

Explain to me the new RICS Rules of Conduct - what do they replace?

A

New global Rules came into force from 2nd February 2022. These new rules bring together the previously separate rules for members and rules for firms into one combined Rules of Conduct and are based on the ethical principles of honesty, integrity, competence, service, respect and responsibility.

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9
Q

When do the new RICS Rules of Conduct take effect?

A

February 2022

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10
Q

What are the new 5 RICS Rules of Conduct?

A

Honesty and Integrity
maintain professional competence
provide good quality service
treat others with respect encourage diversity
act in the public interest take responsibility

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11
Q

What are the 6 ethical principles that the Rules of Conduct are based on?

A

Honesty, integrity, competence, service, respect and responsibility.

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12
Q

Give an example behaviour for the RICS Rule of honesty and integrity

A

In my role a major part of working with integrity is ensuring that when assessing compensation claims that I am achieving full and fair compensation for the claimant and my client, in line with the compensation code.

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13
Q

Give an example behaviour for the RICS Rule of maintaining professional competence

A

Members maintain and develop their knowledge and skills throughout their careers. They identify development needs, plan and undertake continuing professional development (CPD)

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14
Q

Give an example behaviour for the RICS Rule of giving good service

A

I keep proper records of my work and decisions in enough detail to allow me to answer questions from clients and to allow my work to be audited for quality assurance or regulatory purposes.

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15
Q

Give an example behaviour for the RICS Rule of treating with respect and encouraging diversity

A

I work by treat everyone fairly and do not discriminate against anyone and identify and have addressed unconscious bias by attending training.

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16
Q

Give an example behaviour for you working in line with the RICS Rule of acting in the public interest

A
  • Quickly dealing with queries or complaints from claimants
  • Not dissuading complainants from approaching an alternative dispute resolution provider, RICS or any other regulatory body.
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17
Q

What are the core professional obligations of members to RICS?

A

CPD, cooperation with RICS and SRB

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18
Q

What are the core professional obligations of firms to RICS?

A

complaints handling procedure with RICS approved ADR a complaints log, adequate PI, cooperation with RICS and SRB, display designation that they are regulated by RICS, report to RICS in line with registration rules

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19
Q

What disciplinary procedures called and what can the RICS impose?

A

The Standards and Regulation Board make Rules about the exercise of disciplinary powers. These rules are called the Regulatory Tribunal Rules.

Head of Regulation may impose fines, consent orders, or sanctions ranging from a fine to expulsion.

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20
Q

In what circumstances can disciplinary procedures be imposed?

A

Breach of CPD rules, not providing information to RICS, not paying fees, not adhering to RICS Rules of Conduct, criminal conviction

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21
Q

When did RICS last update their disciplinary panel rules?

A

March 2020

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22
Q

What are the different levels of action within the disciplinary procedures?

A

Consent Order to ensure future compliance with the standards.
Referral to a Single Member of the Regulatory Tribunal.
Referral to a Disciplinary Panel drawn down from the independent Regulatory Tribunal.

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23
Q

What do you understand by the term professional practice?

A

Ensuring professional competence and necessary expertise. Carrying out work assignments competently, ensuring you have the necessary knowledge, skills and resources to do their tasks competently.

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24
Q

What do you understand by the term professional practice?

A

Ensuring professional competence and necessary expertise. Carrying out work assignments competently, ensuring you have the necessary knowledge, skills and resources to do their tasks competently.

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25
Q

What money laundering regulations or legislation are you aware of?

A

Money Laundering Regulations 2017 amended in 2019
RICS Professional Statement - Countering Bribery And Corruption, Money Laundering And Terrorist Financing, 1st Edition Feb 2019

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26
Q

What is a red flag of money laundering?

A

client being secretive, has criminal associations, incorporated in high-risk country (Iraq, Iran, North Korea), unusual source of funds or transaction unusual (no obvious commercial purpose to a transaction)

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27
Q

What bribery legislation are you aware of?

A

Bribery Act 2010
RICS Professional Statement - Countering Bribery And Corruption, Money Laundering And Terrorist Financing, 1st Edition Feb 2019

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28
Q

What is a bribe?

A

An exchange of something of value in return for someone doing or agreeing to do something improper in a business context. Remember that an intention to bribe or be bribed is also an offence.

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29
Q

What are the penalties for accepting a bribe?

A

Up to 10 years in prison or unlimited fines

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30
Q

What are the penalties for being involved in money laundering?

A

Up to 14 years in jail or a fine.

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31
Q

What constitutes an offence under the Bribery Act 2010?

A

A person is guilty of an offence if they offer, promise or give an advantage, directly or indirectly, to another person, intending that a person is rewarded for, or induced to, perform a relevant function or activity improperly.

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32
Q

What constitutes an offence under the current money laundering
regulations?

A

Offences concern the possession, concealment, conversion, transfer or making of arrangements relating to the proceeds of crime.

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33
Q

How long should you keep anti money laundering records for?

A

You must keep your records for five years beginning from: the date a business relationship ends.

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34
Q

What is Professional Indemnity Insurance (PII)?

A

Covers the cost of compensating clients for loss or damage resulting from negligent services or advice provided by a business or an individual.

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35
Q

Can you tell me about the RICS requirements in relation to PII?

A

(UK professional indemnity insurance requirements REGULATION Version 9 with effect from 1 April 2022)
Indemnity level dictated by annual turnover in preceding year; underwritten by RICS listed insurer, cover for all past and present employees, fully retroactive run-off
cover. Run-off pool available for those who cannot get PII

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36
Q

What are the UK GDPR principles?

A

Lawfulness, fairness and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
Accountability

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37
Q

What rights do you have under Data Protection Act 2018

A

be informed about how your data is being used
access personal data
have incorrect data updated
have data erased
stop or restrict the processing of your data
data portability (allowing you to get and reuse your data for different services)
object to how your data is processed in certain circumstances

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38
Q

What penalties are in place for infringements of UK GDPR Articles?

A

Fines of up to £17.5 million under the UK GDPR or 4% of annual global turnover can be issued for infringements

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39
Q

What is independent expert determination

A

Binding
Rights of appeal limited
Expert agreed between parties
Can use their own expertise
Expert to decide who pays costs
Gives a determination, whereas arbitrators give an award

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40
Q

What is mediation?

A

Not binding
Mediator guides parties in making decisions
Without prejudice and confidential
Each cover own costs

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41
Q

What is Early neutral evaluation?

A

Not binding
Can be faster than mediation or IE
Gives an understanding of likely outcome of Upper Tribunal and risks of taking legal action
Confidential
Costs shared

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42
Q

What is arbitration?

A

Binding
Unlike experts, Arbitrators can only use evidence provided to them, not their own experience
Governed by Arbitration Act 1996
Gives an award, whereas IE gives determination

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43
Q

What is ADR?

A

A procedure to avoid litigation caused by conflicts between parties which cannot be resolved

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44
Q

Benefits of ADR

A

It is typically cheaper and quicker than litigation

It is a more flexible process than Court proceedings governed by the Civil Procedure Rules

It can be a confidential process

Specialists/experts may be involved rather than lay judges (who may or may not have an understanding of property)

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45
Q

What is a balance sheet

A

a statement of the business’s financial position showing its assets (cash, property, debtors) and liabilities (borrowings, overdrafts, loans) at a given date

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46
Q

What is a profit and loss account

A

a summary of the business’s income and expenditure transactions prepared usually on an annual basis

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47
Q

what is GAAP

A

Generally Accepted Accounting Practice in the UK, or UK GAAP, is the overall body of regulation establishing how company accounts must be prepared in the United Kingdom. Financial Reporting Standards (FRS) are also accountancy standards

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48
Q

What is the difference between management accounts and statutory accounts

A

management accounts are internal only, whereas statutory accounts are filed with Companies House

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49
Q

what are your firms corporate objectives

A

Be a catalyst for economic growth;
Create a step change for rail capacity and connectivity.
Be good neighbours and protect the natural environment.
Foster skills and create and sustain employment opportunities.
Set new standards for health, safety and security for the
construction and operation of the railway.
Deliver value for money to the taxpayer.
Set new standards for customer experience.

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50
Q

what is a business plan

A

a written document that describes your business. It covers objectives, strategies, sales, marketing and financial forecasts.

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51
Q

what is business continuity and why is it important

A

a business’s level of readiness to maintain critical functions after an emergency or disruption. Impotant so your organisation can continue with minimal disruption

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52
Q

Why are the RICS consulting on their business plan and what was the review called

A

RICS Defining our Future Consultation - This relates to structural industry shifts over the past 12 months, particularly driven by the Covid-19 pandemic and increasingly digital world.

This will be used to inform the RICS’ strategy going forward.

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53
Q

What is SWOT and PESTLE

A

PESTLE stands for Political, Economic, Socio-Cultural, Technical, Legal, and Environmental. SWOT, which is tied to analyzing a specific company’s internal capabilities, PESTLE is designed examine a company’s external environment.

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54
Q

how do you work towards HS2s corporate plan

A

VFM and customer experience - ensuring land is taken at the right time, in the right way, for the right compensation for the affected party

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55
Q

what are the different business vehicles

A

Sole trader - not a company, personal liabilities
Partnership - same as sole trader but 2 or more people
Limited liability partnership - a company, 2 or more people
Limited liability company - similar to LLP but members not partners
Public limited company - similar to LLC but trades on stock market

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56
Q

what is the annual turnover threshold for mandatory registration for VAT

A

£85,000

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57
Q

why is it important to set objectives

A

Performance management, ensuring I am contributing as required to the strategic goals of my organisation. Objectives should give clarity on what needs to be achieved and by when.

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58
Q

tell me about your duty of care to your clients and how can you evidence this

A

I have an obligation of reasonable skill and care, which is evidenced by working within RICS Rules of Conduct and appropriate legal and regulatory frameworks

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59
Q

what is your understanding of a KPI

A

key performance indicator, a quantifiable measure of performance over time for a specific objective

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60
Q

what KPIs might you agree with a client or supplier to monitor performance

A

Timeframes, contract compliance, customer service, lack of complaints

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61
Q

give an example of when you have given good client care

A

when making recommendations in the best interest of my client, i.e. discretionary acquisition reduced complaints, removed MP involvement, good outcome for claimant

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62
Q

example of providing high standard of service to a client

A

I have used case intelligence to forecast capex spend and worked proactively to achieve these forecasts. I have done what I promised the client

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63
Q

What approach have you taken when dealing with a non-technical lay client

A

Speaking in plain english, not using acronyms or technical language, prioritising the macro factors before going into micro

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64
Q

What approach have you taken when dealing with a client with a high level of property knowledge

A

it depends on the client and what they have instructed you to do i.e. the complexity of the instruction but generally giving a brief macro explanation and quickly focusing into the micro factors where the detail is required

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65
Q

how have you established client objectives

A

my client is dft and I have done training to understand the role of the dft in the project I am working on, and what the dft expects from HS2

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66
Q

how have you used KPIs to improve performance

A

I myself have set myself targets within my annual appraisal which help to improve performance such as not receiving a complaint, achiving 100% APRs paid on time. Also i assist with monitoring of supplier KPIs such as APR recommendations being within 28 days

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67
Q

what is principled negotiations

A

involves drawing on principles and objective criteria to settle differences rather than making opinion-based arguments.

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68
Q

What is a conflict?

A

Conflict occurs when these differing perspectives cause communications to break down, changing an interaction from a positive and constructive dialogue to a negative

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69
Q

When do disputes arise in your role

A

Generally they arise because of valuation, other compensation disputes or legal principles

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70
Q

What can you do if negotiations break down?

A

The CPA pre-action protocol is embedded in our guidance - sufficient information should have been exchanged to narrow points of dispute using a SCOTT schedule or SAFI. Then, encourage Alternative Dispute Resolution. Typically, ADR is quicker and cheaper, and it can often preserve relationships between the parties.

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71
Q

What are the benefits of clear contract documentation

A

As disputes may arise many years after the completion of an instruction, it is essential that the agreement of the terms of engagement is contained in, or evidenced by, comprehensive documentation maintained in a recognised and acceptable business format

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72
Q

How can conflict be avoided?

A

Clear drafting of contracts and ToE
Managing parties expectations
Keeping good records with sufficient level of detail
Proactive conflict avoidance risk analysis
Work in line with RICS rules of conduct

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73
Q

What are the three pillars of dispute resolution

A

Negotiation
Mediation (3rd party intervention)
Adjudication/Arbitration/Litigation

74
Q

What are advantages of ADR

A

Speed, informal, more collaborative, lower costs, confidential, quality (decided by a surveyor not a judge)

75
Q

What is mediation

A

use of a neutral mediator who facilitates discussion, confidential and informal, usually without prejudice, non-binding

76
Q

What is arbitration

A

An arbitrator is appointed in a quasi-judicial role in line with Arbitration Act, binding, has specialist knowledge of the subject, gives an award, considers written representations only

77
Q

What is independent expert determination

A

IE is appointed by the two parties, has expert knowledge of subject, binding, can use own opinion or evidence, gives a determination

78
Q

What is early neutral evaluation

A

An independent person, experienced in the subject, to investigate and give their non-binding opinion

79
Q

What is a conflict of interest

A

Where an agent acts for clients who have competing interests, or where an agent’s personal interest conflicts with that/those of their client and their ability to act impartiality is affected

80
Q

What do the RICS Rules of Conduct say about avoiding conflicts of interest?

A

Identify and manage Conflicts of Interest, conflict of interest checks, keep records of the decisions made in relation to whether to accept (and where relevant, to continue) assignments, the obtaining of Informed Consent, and any measures taken to avoid Conflicts of Interest arising.

81
Q

Why is good conflict management important?

A

To maintain good professional relationships, prevent risk of impartiality being affected, avoid costly legal proceedings, reduce reputational risk to yourself and your client

82
Q

Why is good project or instruction management important?

A

In line with RICS Rules of Conduct this ensures staying on track of the scope of the service to be provided and timescales for the work to be completed, to ensure that parties are receiving a good quality and diligent service which they expected. Any unexpected delays can be identified quickly and communicated to the client to avoid dispute.

83
Q

What is Alternative Dispute Resolution (ADR)?

A

This refers to methods of resolving disputes other than litigation, such as adjudication and mediation. Typically, ADR is quicker and cheaper, and it can often preserve relationships between the parties.

84
Q

Why might you prefer to pursue ADR rather than litigation through the Courts?

A

Through the Civil Procedure Rules (CPRs), the courts encourage parties to consider ADR before proceeding to litigation.

85
Q

What is the practice of dual agency/double dipping?

A

The practice of acting for multiple parties, usually when undertaking investment work in the property industry, often for both buyer and seller or multiple buyers.

86
Q

What is the role of RICS in dispute resolution?

A

The RICS Rules of Conduct encourage conflict avoidance. An RICS firm must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log. Where it cannot be avoided it has an impartial dispute resolution service.

87
Q

What is an advocate

A

A surveyor acting as an advocate, represents their client at a judicial hearing/tribunal

88
Q

In ADR, what is a conflict of interest

A

An involvement between the dispute resolver and one
of the parties, one of the parties’ representatives or the
subject matter of the dispute, or any other circumstances
that raises justifiable doubts of bias or apparent bias

89
Q

What is the overriding principle of the RICS Guidance Note Conflicts of Interest for Members acting as dispute resolvers?

A

Every dispute resolver should be, and seen to be impartial at the time of accepting an appointment and remain so during the entire proceedings

90
Q

What is the difference between an arbitrator and independent expert?

A

Arbitrators cannot decide an issue other than on evidence received from the parties and both parties will need to make representations. An expert can use their own experience.

91
Q

Can you tell me about PACT in relation to lease renewals

A

a joint initiative set up by RICS and the Law Society as a form of alternative dispute resolution (ADR) for lease renewal disputes. IE or arbitrator, binding decision

92
Q

Tell me about your role if you were acting as an expert witness/advocate

A

I would be acting for my client in a subject I am competent in. Expert witnesses primary duty of care is to the court, whereas an advocate is to the client

93
Q

When might the lands tribunal be involved in a dispute?

A

compensation for the compulsory purchase of land
compensation for the effect on land affected by public works
compensation for blighted land
and more

94
Q

What is conflict avoidance

A
  • Parties engaging in open and honest communications
  • identifying possible problems early, and dealing with them in a non-adversarial environment
  • encouraging compromise and avoidance of escalation to formal dispute resolution
95
Q

What is the role of the Upper Lands Tribunal

A

One of four chambers of the upper tribunal which settles legal disputes

96
Q

What are three principles of GDPR/Data Protection Act?

A

The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling.

97
Q

What are the Privacy and Electronic Communications Regulations (PECR)

A

Sit alongside the Data Protection Act and the UK GDPR. They give people specific privacy rights in relation to electronic communications such as:

marketing calls, emails, texts and faxes;
cookies (and similar technologies);er privacy as regards traffic and location data,

98
Q

What is the Freedom of Information Act 2000?

A

an Act of the Parliament that creates a public “right of access” to information held by public authorities.

99
Q

What are the limitations of primary and secondary data sources

A

The disadvantage of primary data is the cost and time spent on data collection while secondary data may be outdated or irrelevant.

100
Q

What is the difference between a deed and a registered title

A

Title means that you can transfer that interest or portion that you own to others.
Deeds are the legal documents that transfer title from one person to another

101
Q

What are the differences between manual and electronic records?

A

Paper documents are difficult to search, carry, copy, and modify, easily damaged, misfiled or misplaced.
Electronic documents are delivered by networks, disks, flash memory and CD/DVD and are stored on a file system they are much more secure.

102
Q

What is an index map?

A

The index map contains information on all land and property that’s registered or being registered with HM Land Registry.

103
Q

What is encryption

A

A way to conceal information by altering it so that it appears to be random data. Encryption is essential for security on the Internet.

104
Q

What is a firewall

A

the barrier that sits between a private internal network and the public Internet. A firewall’s main purpose is to allow non-threatening traffic in and to keep dangerous traffic out.

105
Q

how can you protect electronic data from viruses

A

Do not use internet irresponsibly, do not download things on work computer

106
Q

what is data redundancy

A

the practice of keeping data in two or more places within a database or data storage system. Data redundancy ensures an organization can provide continued operations or services in the event something happens to its data

107
Q

How is the RICS helping introduce sustainability into practice?

A

Evidence-based research
Best practice statements e.g. Guidance Note on Sustainability and Commercial Property Valuation, 2013
Best practice training
Energy use in clients’ buildings and associated regulation (e.g. energy performance certification and minimum performance standards)

108
Q

What legally binding commitment has the UK government made on carbon dioxide emissions?

A

To cut the UK’s carbon dioxide emissions by 80% on 1990 levels by 2035 (Climate Change Act).

109
Q

What legislation requires all buildings in Europe to be subject to energy labeling and energy use reduction?

A

Energy Performance of Buildings Directive (EPBD)

110
Q

What did the UK government do in response to the Energy Performance of Buildings Directive (EPBD)?

A

Amended the energy requirements contained in Part L of the Building Regulations
Introduced Energy Performance of Building Regulations

111
Q

What are the FIVE key provisions of the Energy Performance of Buildings Directive (EPBD)?

A
  1. Higher standards of energy conservation for new and refurbished buildings
  2. Establishing a calculation methodology for the energy performance of all buildings
    3.Minimum requirements for the energy performance of all buildings
  3. Energy certification for all buildings when leased or sold
  4. Mandatory inspection of boilers and air conditioning systems in buildings
112
Q

When is an EPC required (size, durations/transaction types, building works)?

A
  • EPC required for all commercial buildings over 50 sqm:
  • When it is newly built, sold or let for a term of more than 6 months (& less than 99 years). Also applies for sub-letting and assignments of leases
  • When it is newly refurbished and heating, air conditioning or ventilation services are altered, and/or the building is subject to Building Regulations for construction
113
Q

What properties are exempt from an EPC?

A
  • Listed buildings
  • Buildings which have no heating
  • Religious buildings
  • Temporary buildings
  • Buildings due to be demolished/redeveloped
  • Residential units not occupied more than 4 months a year
114
Q

What is included on the front page of an EPC?

A
  • Address of property and floor area
  • EPC certificate and reference number
  • Technical information on the property’s energy provision
  • Estimation of energy running costs
  • An energy performance rating from A+ to G
  • Benchmarking information
115
Q

How long is an EPC valid for, and subject to what?

A

10 years unless the building is altered, after which a new EPC would be required

116
Q

Where would you find an EPC?

A

EPC online register holds EPCs available for inspection

117
Q

What are the penalties for non-compliance of (not getting or displaying?) commercial EPCs? Who enforces the regulations?

A
  • Local authorities’ Trading Standards teams enforce the regulations
  • Commercial: max penalty is equal to 12.5% of the RV of the building (a minimum of £500 and maximum of £5,000 fine)
118
Q

What do the Minimum Energy Efficiency Standards (MEES) as set out in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations, 2015 require?

A

Minimum EPC rating of Level E. Implementation was in stages:
- New leases from 1 April 2018 (for both commercial and residential properties) to include lease renewals/extensions
- All existing leases from 1 April 2023 for commercial properties

119
Q

Where must MEES exemptions be registered/renewed?

A

Exemptions must be pre-registered on the Local Authority Private Rented Sector Exemptions Register and renewed five-yearly

120
Q

What are the penalties for non-compliance with MEES?

A

Breach has lasted less than 3 months – up to £5,000 or (if greater) 10% of the Rateable Value with a maximum penalty of £50,000
Where a breach has lasted more than 3 months – up to £10,000 or (if greater) 20% of the Rateable Value with a maximum penalty of £150,000

121
Q

What is the Energy Savings Opportunity Scheme (ESOS)/ who applies to (employees, turnover, annual balance sheet)?

A

Energy assessment scheme that is mandatory for large organisation in the UK (more than 250 employees, turnover more than €50m and an annual balance sheet total of €43m)

122
Q

What is the Climate Change Levy?

A

-The Climate Change Levy is an environmental tax charged on the energy that businesses use.
- Business energy suppliers are responsible for charging the appropriate CCL, as they supply the taxable commodities. Once the energy supplier has collected the CCL charge, it is passed on to HM Revenue & Customs.

123
Q

What does the NPPF say about sustainable development?

A

The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development
Plans and decisions should apply a “presumption in favour of sustainable development”.

124
Q

What is sustainability?

A

meeting the needs of the present without compromising the ability of future generations to meet their own needs (a desire to carry out activities without depleting resources or having harmful impacts.)

125
Q

What is sustainable development?

A

Economic development/promoting prosperity while protecting the planet.

126
Q

Can you tell me about any climate change conventions?

A

The Conference of the Parties (COP) last met in 2022 which is the annual United Nations Climate Change conference brining governments together to accelerate global efforts to confront the climate crisis

127
Q

Can you tell me about any climate change protocols you are aware of?

A
  • The Kyoto Protocol operationalizes the United Nations Framework Convention on Climate Change by committing industrialized countries and economies in transition to limit and reduce greenhouse gases (GHG) emissions in accordance with agreed individual targets.
  • It only binds developed countries, and places a heavier burden on them.
128
Q

What can you tell me about the Paris Agreement?

A

-The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris 2015
- Its overarching goal is to hold “the increase in the global average temperature to well below 2°C above pre-industrial levels” and pursue efforts “to limit the temperature increase to 1.5°C above pre-industrial levels.”

129
Q

What did the Climate Change Act 2008 do?

A

Commited the UK government by law to reducing greenhouse gas emissions by at least 100% of 1990 levels (net zero) by 2050.

130
Q

When the RICS disciplinary rules changed in 2020 what changed?

A

The Conduct and Appeal Committee was renamed the Regulatory Tribunal, and the ‘Disciplinary, Registration and Appeal Panel Rules’ changed to the ‘Regulatory Tribunal Rules’.

  • The Regulatory Tribunal Rules allow a Single Member of the Regulatory Tribunal to determine disciplinary action in certain circumstances
131
Q

What is a Display Energy Certificate (DEC)?

A
  • DEC’s are required on public buildings over 250 sq.m.
  • They display actual energy used and carbon dioxide emissions.
  • must be displayed
  • must be accompanied by an Advisory Report
132
Q

What is an Energy Performance Certificate (EPC)?

A
  • EPC’s are required for all properties when they are constructed, sold or let
  • Except public buildings over 250 sq.m. which require a DEC
  • provides details of the energy efficiency of the property and how it can be improved.
133
Q

What are the penalties or not having a valid Display Energy Certificate (DEC)?

A
  • Penalty charge notice of £500 for failing to display
  • £1,000 for failing to possess or have in their control a valid advisory report.
134
Q

When must an EPC be displayed?

A

If all these apply:

  • the total useful floor area is over 500 square metres
  • the building is frequently visited by the public
  • an EPC has already been produced for the building’s sale, rental or construction
135
Q

What is corporate social responsibility?

A

A form of self-regulation that reflects a business’s accountability and commitment to contributing to the well-being of communities and society through various environmental and social measures.

136
Q

Can you tell me about a sustainable building certification?

A
  • BREEAM
  • A voluntary environmental assessment tool to rate new and refurbished commercial and residential buildings
  • A buildings environmental impact is rated by BREEAM assessors by reference to nine environmental weightings including energy consumption, water use, transport links, waste management and health and wellbeing.
  • The five BREEAM ratings are: Pass Good Very Good Excellent Outstanding
137
Q

What Building Regulation relates to energy efficiency?

A
  • Building Regulations - Part L
  • Refers to the conservation of fuel and power
  • Exists to guarantee the eco-efficiency of properties built under UK law.
138
Q

What happened to the Code for Sustainable Homes?

A
  • Scrapped in 2022
  • Replaced with the Home Quality Mark developed by the BRE (British Research Establishment)
  • This is a property benchmarking tool aimed at giving builders, developers and homeowners a ‘Star Rating’ guide
139
Q

What is the Energy Savings Opportunity Scheme (ESOS)?

A

ESOS is an energy assessment scheme that is mandatory for large organisation in the UK (more than 250 employees, turnover more than €50m and an annual balance sheet total of €43m). They are required to:
* Measure total energy consumption across buildings, transport and industrial activities
* Conduct energy audits to identify cost-effective energy efficiency recommendations
* Report compliance to the Environment Agency

140
Q

What is the Streamlined Energy & Carbon Reporting framework (SECR)

A
  • Replaced Carbon Reduction Commitment Energy Efficiency Scheme (CRC) in 2019
  • Designed to increase awareness of energy costs within organisations, provide them with data to inform adoption of energy efficiency measures and to help them to reduce their impact on climate change. They also seek to provide greater transparency for stakeholders
  • Large unlisted companies which have exceed 40,000 kWh to include energy and carbon information within their directors report
141
Q

What does Buildings Regs Part L cover?

A
  • The maximum permitted area of windows, doors and other openings
  • The structure’s air permeability
  • Insulation values of building elements
  • Heating efficiency of boilers
  • Insulation/controls for heating appliances & systems
  • Hot water storage
  • Lighting efficiency
  • Solar heat gains
  • Ventilation & air conditioning systems
142
Q

What is a green lease?

A

A standard form lease with additional clauses included which provide for the management and improvement of the Environmental Performance of a building by both owner and occupier(s)

143
Q

What RICS guidance relates to sustainability?

A

The 2022 Sustainability Report
Sustainability and ESG in commercial property valuation and strategic advice (Guidance note)

144
Q

How can the EPC impact upon value or use of a building?

A
  • The MEES Regulations prevent any property being sold or let with an EPC lower than E since April 2023.
  • It has been indicated that these requirements will tighten again in the near future, with a proposal that commercial properties must have an EPC rating of C or higher by 1 April 2027, and B or better by 2030.
  • This impacts the profitability of properties as owners will need to carry out sufficient works to improve the rating before 1 April 2023, or else to register a valid exemption if available. Otherwise, it will be an offence to continue to let the property without having done so.
  • Occupiers with high ESG objectives will be less attracted to these types of properties
145
Q

What do you know about the RICS SKA rating system?

A
  • Helps landlords and tenants assess fit-out projects against a set of sustainability good practice criteria.
  • SKA comprises more than a hundred ‘good practice’ measures covering energy and CO2 emissions, waste, water, materials, pollution, wellbeing and transport.
  • An example of a good practice measure is that when wooden flooring is stripped out, it should be sent for re-use to a salvage yard instead of to landfill.
  • A label that is clear and easy to understand: Bronze, Silver and Gold, plus a percentage score
146
Q

What are the benefits of the RICS SKA rating system?

A
  • for fit outs
  • Improves energy and water management
  • reduces operating costs
  • increases asset value with a low carbon building
  • improve occupier health and wellbeing
147
Q

What methods of construction are more sustainable?

A
  • Use of renewable materials and technologies such as solar, wind, biomass and heat pumps to achieve a low carbon emission solution achiving a reasonable payback
  • The building aspect and use of daylight to take advantage of solar gain
  • Energy management and monitoring systems and increased awareness of other areas of sustainable management relating to waste, water and procurement of goods and services
148
Q

What skills are required for effective team working?

A
  • listening to ideas
  • discussing and asking questions
  • persuading others to consider decisions
  • respect and supporting others ideas
  • help others
  • sharing information
  • participation and involvement
  • effective communication
  • reflecting on strengths and weaknesses
149
Q

Tell me about a time where you have worked well in a team

A

FLAB workshops, participate and listen to others on their point of view, discussing ideas, persuading of my decisions and why, sharing information related to L&P on which my decision is founded. Following the meeting reflect on strengths and weaknesses and followed up if any further information comes to light.

150
Q

What is a common issue you have come across when working in a team?

A

Having to management expectations with other teams with different objectives, such as construction needing to access land faster than due process can allow for, this is managed by being always participating in meetings and ensuring other stakeholders understand the process and timeframes from the start i.e. flab is a 3 stage process which is then followed by notice service and a period before land can be possessed.

151
Q

What is unconcious bias and how can you reduce it?

A

When we make judgments or decisions on the basis of our prior experience, our own personal deep-seated thought patterns, assumptions or interpretations, and we are not aware that we are doing it.

To reduce: Be aware, take an implicit association test, making changes to an organisations hiring process

152
Q

Explain your understanding of supply chain management

A

Represents an effort by suppliers to develop and implement supply chains that are as efficient and economical as possible.
By managing the supply chain, companies can cut excess costs and deliver products to the consumer faster.

153
Q

Explain the aims of the Memorandum of Understanding (MoU):Creating a more diverse, equitable and inclusive built environment sector

A

Brings together six organisations (CIOB, RICS, RIBA and more) from across the built environment sector. The creation of a more diverse, equitable and inclusive sector - ensuring it is more representative of the society it serves.
Understand who the industry is made up of with consistent data collection
Understand the disparity between the diversity of students that start on institute accredited courses and the talent that makes it into the workforce
To develop understanding and guidance for the sector on EDI

154
Q

What is an inclusive environment?

A

one that can be accessed and used safely, easily and with dignity by everyone’, ‘does not physically or socially segregate, discriminate or isolate’ and ‘is well designed, functional, efficient and sustainable, and delivers an enhanced user experience’.

155
Q

What is inclusive design?

A

Inclusive design is defined as ‘making places everyone can use’. This removes barriers creating undue effort and separation, enabling all users to ‘participate equally, confidently and independently in everyday environments’.

156
Q

What guidance/legislation are you aware of relating to inclusive envionments/design?

A

Equality Act 2010
National Planning Policy Framework (NPPF)
Approved Document M
Changing Places campaign

157
Q

What are key principles of inclusive design?

A
  • Placing people at the heart of the design process
  • Acknowledging diversity and difference
  • Offering choice where a single solution cannot accommodate all users
  • Providing flexibility in use
  • Creating an environment that is convenient and enjoyable for all to use
158
Q

How do you promote inclusive environments?

A

An example on the project I am working on includes consultation with a school for deaf children to understand what challenges they face and how the stations can be designed with accessibility in mind

159
Q

Explain how the RICS Rules of Conduct relate to diversity and inclusion?

A

Rule 4 relates to diversity and inclusion
- respect the rights of others and treat others with courtesy
- treat everyone fairly and do not discriminate against anyone on any improper grounds
- do not bully, victimise or harass anyone
- work cooperatively with others
- develop an inclusive culture in their workplaces, support equal access and opportunity for all, and identify and address unconscious bias

160
Q

What is the ISO

A

International Organisation for Standardisation

161
Q

What is economic inequality?

A
  • Most obviously shown by people’s different positions within the economic distribution - income, pay, wealth.
  • Also related to other characteristics, such as whether or not they have a disability, their ethnic background, or whether they are a man or a woman.
162
Q

What is cultural change?

A

The transformation of society through invention, discovery, contact with other communities, technology changes, environmental changes.
Alternatively the changes within an organisation

163
Q

What is plain english?

A

A campaign HS2 has adopted in its correspondence against jargon and complex language on public information such as documents, reports and publications. It aims for everyone to have access to clear and concise information.

164
Q

How do you work with sensitive parties?

A

I try to understand their vulnerabilities and ensure that the way I work is adapted to support their additional needs.

165
Q

What H&S guidance might you use

A

RICS surveying safely 2nd edition 2018 - guidance note

166
Q

List some lone working considerations

A

Is lone working a safe option and, if so, what provisions are made for communications in an emergency?
Would the lone worker have a good signal at the premises or site?
Who has a record of where the lone worker is and when to expect them back in the office or at home?
Have arrangements been made for regular ‘check-in’ calls?
How would rescue be achieved, including access?

167
Q

What do you understand about the “safe person” concept

A
  • It seeks to ensure that individuals accept responsibility:
  • being competent
  • work within systems of work
  • adaptability
  • vigilance
  • awareness: recognise abilities and limitations
  • teamwork
  • Ensuring that organisations provide the right tools for safety such as a safe working environment, safe work equipment, safe systems of work and competent staff.
168
Q

What is a risk and what is a hazard

A
  • A hazard is something with the potential to cause harm to someone. The harm could be an injury or ill health
  • Risk is the likelihood (whether high or low) of the harm being realised
169
Q

What is the hierarchy of risk control?

A

A recognised order to follow when planning to reduce risk from work activities. In order
to reduce (or eliminate) the risk. Starting from elimination of the risk through to wearing PPE. Referenced in Surveying safely but taken from HSE guidance.

170
Q

What statutory guidance is there for asbestos?

A

Control of Asbestos Regulations, 2012

171
Q

What RICS guidance is there for asbestos? and what are its aims?

A

-RICS Guidance Note Asbestos: Legal Requirements and Best Practice for Property Professionals and Clients (4th Edition) 2021
-Aims to ensure that surveyors and their clients comply with UK legislation relating to asbestos. It also aims to ensure that no one is put at risk of exposure to asbestos.

172
Q

What is ACM? (H&S/Inspection)

A

Asbestos Containing Material

173
Q

What is considered client money?

A
  • Includes holding deposits, rent, service charges and retentions
174
Q

When holding client money, RICS-regulated firms do what?

A

Under Client money handling, 2020 RICS Professional Standard:
* Hold all client money in an exclusively controlled client money account
* Ensure that the account only contains client money paid into it, including any sums paid in to replace money withdrawn in error (plus accrued interest)
* Not hold office money in a client money account unless it is a receipt of mixed monies where the office money is awaiting transfer
* Ensure that the account name includes the word ‘client’ and the name of the firm, in addition to discrete client money accounts including an identifier such as the client or property name
* Confirm the bank operating conditions in writing, including confirmation that the bank will not set-off or counterclaim against the client money account for any sum owed to it by another account held by the firm

175
Q

What is the RICS Client Money Protection Scheme?

A

This scheme provides protection, as a last resort, in instances where an RICS Regulated firm is unable to repay a client’s money
- Surveying Services
- connection with residential letting agency work and property management
- relating to tenancy deposits protected by the Dispute Service Limited (TDS)
The current compensation limit is £50,000 per claim, which must be made within 12 months of a loss occurring.

176
Q

As an RICS member how should you treat client confidentiality?

A

Keep the following confidential:
* Advice that was given to a client and
* Information concerning a client’s affairs.
* If a client is happy for a member to disclose confidential information, the member should request confirmation of this in writing
* There are also circumstances where disclosure of confidential information is authorised by law, or in the course of giving expert evidence or other evidence under oath
* If there are any confidentiality problems, these should, wherever possible, be discussed with clients before accepting the instruction
* The UK GDPR, 2021 sets out the key principles, rights and obligations for most processing of personal data in the UK
* The GDPR, together with the DPA 2018 replaced the Data Protection Directive
* All old files should be kept for a minimum of 6 years before disposal and destroyed securely
* Any confidential material received in error should be securely disposed of, the sender should be advised of the error, and recorded in a note to the firms compliance officer

177
Q

What would you do if you were offered a bribe, or suspected money laundering or fraud?

A

Speak to the Head of Counter Fraud & Business Ethics in my organisation
Also there is an anonymous “speak out” function

178
Q

What are the CPD requirements of a chartered survyeor?

A

every 12 months
record all CPD
20 hours minimum
10 hours informal
re-do ethics test every 3 years

179
Q

What makes an effective complaints handling policy?

A

Available to all staff
Understood by all staff
Readily shared with complainants
Regularly reviewed by senior staff
Provides access to independent redress if not resolved
Agreed with PII broker/insurer
Reflective of size and structure of business

180
Q

What was newly added into the new Rules of Conduct?

A
  1. sustainability (encouraging clients)
  2. handling data (adapt to technology and risk)
  3. diversity and inclusion (develop inclusive culture)
181
Q

When might you breach your duty of confidentiality?

A
  • where keeping confidential information would result in significant harm to the public
    -record any decision making useful in future if challenged

APC (11 decks)

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