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APC - PM - 2022 > Hot Topics > Flashcards

Hot Topics Flashcards

1
Q

Building Safety Bill.

A
  • HSE organisation named building safety regulator
  • Was approved beginning of May 2022
  • 3 Gateway
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2
Q

The impact of Covid 19 on the surveying profession

A
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3
Q

The impact of Brexit

A
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4
Q

The Glenfield disaster and the subsequent impact on fire Safety

A

More focus on fire security in buildings. Fire Safety Act and Building safety bill

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5
Q

When are the Rules of Conduct Changing?

A
  • The existing Rules of conduct have been in place since 2007 and will remain valid until February 2022
  • The New Rules of Conduct will take effect from 2nd February 2022
    RICS Rules of conducts update 2022
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6
Q

COP 26

A
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7
Q

Are you aware of some of the aims highlighted within the RICS Business Plan for 2021-22?

A
  • Continue to support the profession as economies recover from Covid-19 and seek to minimise and increases in t he cost of subscription levels
  • Utilise any surplus in cash generation to pay back furlough monies received via the UK governments Coronavirus Job Retention Scheme
  • Maintain and increase demand for RICS qualifications with a primary goal to ensure RICS qualifications remain relevant for future generations and that increased numbers of members use RICS to meet their knowledge and training needs
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8
Q

What are the New Rules of Conduct

A

1- Rule 1 Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

2- Rule 2. Members and firms must maintain their level of professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

3- Rule 3. Members and firms must good quality and diligent service

4- Rule 4. Members and firms must treat others with respect and encourage diversity and inclusion

5- Rule 5. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

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9
Q

Explain your understanding of Rule Number1

A
  • Examples of behaviours in adhering to to Rule 1
  • Members and firms shoudl not allow themselves to be influenced by work referrals, gifts or hospitality
  • Identify conflicts of interest
  • Reduced impartiality due to an existing relationship. i.e being friends.
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10
Q

Explain or understanding of Rule number 2

A
  • Only act for client where they have the necessary knowledge, skills and resources to carry out the work competently
  • I.e asking a junior member to conduct a complex task
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11
Q

Why the previous Rules of Conduct change?

A
  • Previous have been in place since 2007.
  • Following a research and consultation with RICS Members, Firms and Members of the public. The majority were in favour of existing the excising rules of Conduct
  • This was to provide a single document to enable greater clarity for RICS members and firms
  • There is a now a greater focus on understanding technology, climate change and diversity and inclusion.
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12
Q

Talk us through your understanding of the changes?

A

The Rules of conduct October 2021 overhaul the previous separate documents

  • Rules of conduct for Members
  • Rules of Conduct for Firms
  • Global Professional and Ethical Standards
  • Appendix A of the Rules of Conduct now contains the professional obligations of Members and Firms
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13
Q

What is the Levitt Report?

A

The Levitt Report was commissioned by the RICS following a Treasury management Audit in 2018

  • Prior to the audit the RICS had to extend it’s overdraft by circa £3m
  • The treasury management audit offered a “no assurance verdict” on RICS internal financial control procedures. Following this the Levitt report was commissioned as an independent review.
  • Levitt report Recommendations included:
  • RICS Governing Council are to have more oversight over internal delays of the RICS
  • RICS briefed by the Management board as opposed to a single CEO
  • RICS Governing Council are to oversee exec management bonuses
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14
Q

What are the professional obligations of members?

A

1- 20h CPD x calendar year. 50% formal.
2- Cooperate with RICS
3- Promptly provide all information reasonably requested by the Standards and regulation Board.

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15
Q

Explain your understanding of rule Number 3?

A
  • AS RICS member or regulated firm. Ensure understanding of the clients project specific requirements before acting on their behalf
  • Clients scope of services shoudl be agreed along with any exclusions and timescales for achieving each of the deliverables before signing up to the formal terms of engagement.
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16
Q

Understanding Rule number 4?

A
  • RICS members to respect the rights of other and threat other with courtesy
  • Ensure that everyone is treated fairly and look to eliminate any instances of discrimination on the basis of age, disability, gender, pregnancy, race, religion or sexual orientation.
  • cero tolerance policy for bullying or harasssment
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17
Q

Understanding of Rule Number 5?

A
  • Question practices and decision that they suspect are not right and raise concerns with colleague, senior management, clients, or the RICS
  • When making public statements we need to ensure there do not undermine public confidence
  • Receiving and processing complaints, we need to ensure there are dealt promptly, openly and professionally
  • Standing behind our actions.
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18
Q

What are the offences of the Bribery Act?

A
  • Making a bribe
  • Receiving a bribe
  • Bribery of a foreign public official
  • ## Failure of a corporate entity to prevent bribery on its behalf
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19
Q

What companies does the bribery act apply to?

A

All UK entities and includes associated persons (i.e subcontractors)

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20
Q

What procedures can companies put in place to prevent bribery on their behalf?

A

6 principles of prevention

1- Proportionate procedures
2 Top level commitment
3 Risk Assessments
4.Due Diligence
5. Communication
6. Monitoring and Review
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21
Q

Under the Bribery Act, under what circumstance is facilitation payment permited?

A
  • When you are under duress
  • i.e real risk or danger to life, lib or liberty
  • immediate physical threat
  • put safety first and make payment, then report the matter immediately
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22
Q

Are you aware of any RICS Guidance Notes on Covid -19?

A
  • RICS “ Covid-19 Guide to Surveying Services” containing a range of guidance notes to work safely and in line with the government guidelines
23
Q

How has Covid on your area of surveying?

A
  • Material cost increases and reduction of material availability
  • Longer leading periods
  • Cost of steel per tonne has increased in the last year 22%
  • Products availability and labour scarce
  • Financial viability of developments has been affected.
24
Q

How have you helped clients with there issues?

A
  • Early stages, during lock down. Helped them with technology
  • Identifying risk packages and instruction early order placement
25
Q

What precautions do you take in your day to day concerning Covid-19?

A
  • In line with RICS guide
  • Social distancing
  • Minimising physical contact
  • AS much as info prior site visit
  • Sanitise
  • Face mask
  • comply with Site rules
26
Q

What are the contractual implications for your projects around Covid-19 delays and shut downs?

A

My projects were mainly re construction at the time of the lockdowns, and they weren’t impacted.
Lately the Bingham project was impacted due to to the lack of key materials as s side effect of the lock down.

27
Q

How has Brexit affected the UK Property & Construction industry?

A
  • reduction of availability of labour due to the 1st Jan 21 UK new global immigration system.
  • Under new UK’s trade agreement with the EU, most traders wont have to pay tariffs, but will have to meet the relevant rues of Origin fort heir products
    Price of goods is due to increase
28
Q

How Brexit has affected the OJUE (Official Journal of European Union)

A
  • Procurement Portal TED ( Tenders Electronic Daily). Is no longer the main platform
  • TED, as supplement to the OJEU, will be available for any contracts accepted before 2021
  • Contracts accepted by tno completed before 31st Dec 2020. Still subject to EU procurement
  • Once all contracts Pre-2021 re completed the OJEU and TED will no longer be necessary and cease to be use din the UK.
29
Q

Following the Grenfell Disaster are you aware of any guidance the RICS as published to support fire safety?

A
  • I am aware that the RICS has published the Guidance note: “Cladding for Surveyors 1st Ed. March 2021”. to support surveyors working on Multi-Storey and multi occupancy residential buildings.
  • The document aims to improve surveyors knowledge of external wall cladding system that may be considered within the External Wall Fire Review.
  • Whilst the document is useful and provides illustrated examples of cladding systems. I appreciate the fire safety is of great importance and falls outside my area of expertise. If my client ask for advise in fire safety I will always recommends that they seed advise via a professional fire consultant.
30
Q

What is ACM cladding?

A
  • ACM. Aluminium composite material
  • ## Two layers of aluminium bonded to a lightweight core of material such as polyethylene or mineral core with insulating properties.
31
Q

What is the significance of ACM in relation to Grenfell?

A
  • The ACM cladding in used was thought to contain combustible materials that contributed toward the spread of the fire across the external elevation of the building.
  • As result the UK Government has now banded the use of combustible materials on high rise homes from 29th Nov 2018.
  • The ban means that combustible materials are not permitted on the external walls of new buildings above 18m.
  • Local authorities needs to replace dangerous ACM panels on local buildigns.
32
Q

What is an EWS1?

A
  • EWS1 is and External Wall System Fire Review Certificate.
  • They are applicable when a multi-storey residential property is either being brought, sold, or re-mortgaged.
  • It is not a building safety but a re-mortgaging valuation tool.
  • RICS and mortgage lenders jointly formed the EWS1 form as a way of mortgage lenders assessing the external wall safety of buildings over 18m height. Tool to assess the external wall safety on buildings 18m height.
33
Q

What is PAS 9980?

A
  • PAS = Public Available Specification.
  • PAS 9980 is a documented code of practice, commissioned by the Government and developed by the British Standards Institute (BSI)
  • methodology to carry out fire risk appraisals of the external wall of multi-storey, multi-occupied residential buildings.
  • Not all buildings will required PAS 9980. I.e brick elevations
  • PAS 9980 is not intended as an alternative to the EWS1 form, which is for valuation purposes and is administered by RICS.
  • The new guidance will come into effect on 31st January 2022 and will provide a five-step assessment for fire safety professionals to identify a buildings’ risk factors.
34
Q

Fire Safety Act 2021; The Fire Risk Assessment Prioritisation Tool

A
  • The Fire Safety Act clarifies the scope of the Fire Safety Order to make clear it applies to the structure, external walls (including cladding and balconies) and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building
35
Q

What is the New Fire Safety Act 2021?

A
  • The first Safety Act was introduced in March 2020. and holds significant legal obligations of organisations deemed to be responsible persons.
  • Introduced as an update to the Fire Safety order 2005
  • The main focus of the act is the amendment of the Fire Safety Order to clarify it will apply to the structure and external walls as well as anything attached to the external walls such as doors, windows and cladding.
  • Under the previous regime was unclear who was responsible for fire safety compliance for there elements of the building
  • This will force owners, landlords and managing agents of multi-occupied residential building to take precautions to identify any dangerous cladding.
36
Q

What is COP 26? ( Sustainability)

A
  • COP 26 is the most recent annual UN climate change conference. Cop stands for Conference of the Parties. Summit was attended by the countries that signed the United Nations Framework Convention on Climate Change (UNFCC). a treaty that came into force in 1994.

-

37
Q

What was agreed at COP26?

A
  • First time was an explicit plan to reduce the use of coal, which is responsible for 40% of annual CO2 emissions.
  • Commitment for phase down, rather than phase out coal, after late intervention of India and China
  • Increased money to help developing counties cope with the effects of climate change and make switch to clean energy.
  • A prospect of a trillion dollar year fund from 2025 after the previous pledge for the richer countries to provide $100bn a year by 2020 was missed.
38
Q

How the COp26 relates to the Paris Agreement?

A
  • COP 21 in Paris 2015, the Paris Agreement was formed.

- The parties agreed to pursue efforts to prevent temperatures rising more than 1.5c above pre-industrial levels.

39
Q

Are you aware of any impeding changes to minimum energy efficiency requirements?

A
  • I understand the government has recently proposed changes to the EPC requirements for commercial property and buy to let properties which are due to take effect from 2025.
  • Currently the minimum required energy efficiency rating for domestic rental properties required an E rating. However this is expected to increase to a C rating or above from 2025.
40
Q

Please explain your understanding of Green mortgages?

A
  • A mortgage that reward someone for buying or owning an energy efficient home by offering favourable terms than as standard.
  • This typically results in lower interest rates or receiving cashback when you take out the mortgage.
41
Q

What is the Urban greening factor?

A
  • The urban greening factor is a tool that evaluates and measures the amount of urban greening to aid the appropriate planning of greening on future developments
  • The aim is to increase the amount of green cover around building and supports tis consideration at the design outset of development.
  • Councils can develop their own targets with the plan for London being a target score of 0.4 for residential developments and 0.3 for commercial developments.
42
Q

What is the Data Protection Act 2018?

A
  • The act replaces previous 1998 legislation and manages how personal data is processed by organisations and the v=government.
  • It is the UK legislation for the implementation of the EU General Data Protection Regulations (GDPR)
43
Q

What are the key Principles of the Data Protection Act 2018?

A

The act ensures that data is:
1- Used fairly, lawfully and transparently.
2- Used in a way that is adequate, relevant and limited to only the purpose it is intended.
3- Is retained for no longer than is necessary
4- Processed securely including the protection against unlawful use, loss or destruction.

44
Q

What are a person’s rights under the Data Protection Act?

A

People have the right to:

  • To be informed about how their data is being used
  • The right to access their data
  • The right to have incorrect information updated
  • To have their data erased
  • To stop or restrict the processing of their data.
  • the right of portability
  • the right to object to the use of their data
45
Q

Who are the key persons outline within GDPR?

A
  • Controller. Determines the purposes and means of the processing of personal data. i.e With processing employees personal data, the employer is considered to be the controller.
  • Processor. Person or entity that processes personal data on behalf of the controller.
  • Data Protection Officer (DPO). This ole exists within companies that process the personal data of EU citizen. DOP is responsible for agreeing the data protection approach and its implementation.
46
Q

What legislation or regulations relate to inclusive environments?

A
  • The main legislation within the UK that applies to Equality, Diversity and Inclusion are the Equality act 2010 and the Human Rights Act 1998
47
Q

Please explain your understanding of inclusion within the workplace?

A
  • Inclusion within the workplace is creating an environment and culture where all company employees feel like they being in the organisation.
  • This results in every employee being comfortable to voice their opinions and that no one person feels excluded on the basis of their identity.
48
Q

What sustainable initiatives are you aware of that are implemented by the RICS?

A
  • Ska rating encouraging green codes of practice for commercial properties
  • RICS has launched the Value Planet campaign and committed to forming a climate change expert panel to implement UN’s sustainable development goals.
  • RICS has also launched a Responsible Business Report filled with solutions for companies to operate in a greener capacity, regardless of the firm’s size. This includes introducing higher recycling rates and reducing energy, transport and water use where possible.
49
Q

What things do you implement to promote sustainability?

A
  • Print only when necessary
  • Car sharing
  • Use of energy efficient equipment
  • recycling
  • Cycle to work
  • Careful to minimise waste
  • Avoid the use of plastic bottle where possible
  • Use of cloud base systems
50
Q

Can you please explain your understanding of the term carbon neutral?

A
  • Carbon neutrality is to have a balance between the carbon emitted and the carbon absorbed from the atmosphere in carbon sinks
  • This is an important measure of the impact that businesses and projects have on the environment and global warming.
  • To date no artificial carbon sinks are able to remove carbon from the atmosphere at the levels required to off set global warming.
51
Q

What procedures does your firm implement to promote sustainability?

A
  • Recycling carboard, paper and plastics Separating waste.
  • Use of energy efficient lighting, sensors
  • Cycle to work scheme
  • Paper free polity. print only when necessary.
52
Q

What is the Paris Agreement?

A
  • The Paris Agreement is a legally binding international treaty convening climate change.
  • Was adopted by nearly every nation and came into effect in 2016.
  • The goal of the Paris Agreement is to limit global warming to well below 2 degrees whilst targeting 1.5 degrees when compared with pre-industrial levels.
53
Q

Name some sustainable building methods.

A
  • Use of recycled materials. reclaimed timber, tiles
  • Ground source Heat Pumps
  • Air source Heat Pumps
  • Solar Panels
  • Wind turbines
  • Solar Shading
  • Rain water harvesting
  • Green Roofs/ Blue roofs
  • Automated Building Systems ( Lighting sensors)
54
Q

What regulations and codes of practice are you aware of that affect sustainability in construction?

A
  • Energy Act
  • Building Act 1984
  • Clear air act.
  • Climate change act
  • Wildlife and country side act

APC - PM - 2022 (13 decks)

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