Interview q&as Flashcards

1
Q

VPS 1 - What is included with your standard Terms of Engagement?

A

ID & Status of Valuer
ID of Client
ID of other users
The property
Currency
Purpose of valuation
Basis of Valuation
Valuation date
Investigation extent any limitation
Nature of other information to be rely upon
All assumption and special assumptions
Format of the report
Restrictions on use, distrubuition and publication
Confirmation that it will be undertaken in accordance with IVS.
Fee basis
Firm registration and CHP
Statement saying that the valuation may be subject to monitoring from RICS
PII liability Caps

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2
Q

What are the extra Terms of Engagement?

A
  • Fee basis
  • Liability caps
  • CHP
  • Confirmation of IVS RB
  • Valuation may be subject to RICS monitoring
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3
Q

Give me a couple of additional items that go into VPS3 Valuation Reports?

A
  • Date of reprot
  • Valuation apprach and reasoning
  • Val figure
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4
Q

Describe the property of you case study

A
  • Industrial unit of 27,000 sqf
  • Steel portal frame with insulated profiled steel cladding and roof
  • Clear Internal eaves of 10mt
  • Electrically operated loading doors
  • 7% of ancillary office
  • Trade counter area
  • Parking space to the front and enclosed yard area to the back
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5
Q

Why do you think the subject is highly individual property?

A

Because I established that users/companies in that area are mainly SMEs manufacturers who require floor space between 5,000 to 15,000 sq.ft.

Therefore demand for larger space is lower

Additionally, a large size of amenity land which the subject provides may perhaps be seen as an unnecessary surplus which does not add significant value to the property.

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6
Q

Why did you choose to select the units in Carnival Park and Pembroke Business Centre as you key comps?

A

Because I assessed the properties based
different parameters, such as location, condition, size and other facilities and established that on balance the two units could offer a similar level of rent

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7
Q

Why didn’t you give more weight to Thamesview?

A

Mainly because this comparable had a much smaller floor space and therefore based on grounds of quantum, would be able to achieve achieve a significant higher rent than the subject

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8
Q

Why didn’t you adopt the Investment method of Valuation instead of the Capital Value rate?

A
  1. I felt I had quality vacant possession sales evidence for both uses which I was quite familiar with and comfortable in adjusting to reflect the differences with the subject
  2. The client was very keen in testing the value in alternative way if possible and I also wanted do it a way I could avoid making an assumption for void periods.
  3. For the purposes the actual report, I did value the property using an investment method and similar void assumption which actually reflected a lower price
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9
Q

In you MVVP, why did you choose 1-3 Moss road and Unit 4, Airbone Close and not others that are arguably nearer?

A
  1. I was aware that these weren’t perfect matches to my subject, however, I gave greater weight to these comparables as there some key similarities with the subject, I had full information of the physical and transactional details which therefore give me greater confidence in implementing various adjustments accurately to reflect the differences between properties.
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10
Q

Why do you think Moss road which is in a arguably better location had a lower rate to the one you’ve adopted?

A
  • With Moss Road there were many specification elements which matched with the subject and made it comparable, such as size, site coverage, similar industrial estate context, however, Moss has significant lower eaves height and consist of an older property. These two latter elements had great weight in determining an overall upward adjustment.
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11
Q

Why did Airbone Close, which is older and worse property, had a higher figure than your subject?

A
  • Yes, Airbone was a poorer building and lacked of private yard but the similar location and smaller size counter balanced the adjustments and generate a similar price.
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12
Q

In your MVVP, why didn’t you apply a similar rate to Thamesview given that it was in a such a close proximity to your subject?

A
  • Firstly Thameseview comaprable was under offer which meant that it would sit lower down the list of my hierarchy of evidence,
  • Secondly, I would have applied a material discount on it based on ground of quantum
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13
Q

When comparing the subject to comparables, how did you account for the trade counter area?

A

Any unit that did not have a counter area I would apply a discount on it, but the downward adjustment % would be different and assessed on a case-by-case basis based on the overall range of factors.

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14
Q

Why do you adjust each comparable? what are you trying to achieve?

A
  • I make adjustments on each comparable based on a range of factors. If the property has for example better qualities and therefore command a higher rate, than the subject, I would adjust the rate down wards viceversa if the I believe the property had poorer qualities.

The aim is achieve an accurate adjusted rate representing what the comparable would have sold if it had the same characteristics to my subject.

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15
Q

All your rental comps are very different to your subject, how did you arrive at your opinion of rent?

A
  • I am aware that the comaprables collated are varied and generally smaller in size but each of the properties listed had at least 2-3 key factors comparable to the subject and also I considered these the most reliable piece as I had obtained full information on them.
  • Essentially, in this occasion ranked all the comparable using the hierarchy of evidence obtained an adjusted rate and then did a sort of weighted average
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16
Q

Why did you take so long to deliver the valuation, when it normally takes 2-3 weeks?

A

Yes, I am aware of the unsual timeline, but this was a sort of calculated delayed as I made my client aware before agreeing the ToE that I would only be able, due to a large workload, to carry out the valuation in January and report within 3 weeks. My client was happy with the proposed arrangement and confirmed the ToE.

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17
Q

Does the lease allow any assignment?

A

he tenant can assign the whole of the demised premises but not part only and may sub-let the whole or permitted parts subject to landlord consent.

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18
Q

Why did you choose Carnival Park as your best rental comp?

A
  • Carnival park was strongest comparable because there were some key features which made it very similar to the subject, such as yard, type of construction, and trade counter area.
  • I know many agents who operate in that area, so the information regarding the property came from a primary source which enable me to adjust the rate with more confidence.
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19
Q

Why did you use the equivalent yield instead of split yiled?

A
  • Given that larger weight that would be play the reversion period on the overall cap value of the investment and due to the detailed information that I had on rack rented investments, I felt more comfortable in finding the right yield for the reversion period and rather than coming up with an overall average equivalent yield that would perhaps rely on too many assumptions of voids MRs etc.
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20
Q

How do you adjust for dated transactions?

A

Treat with caution.
Speak with local agents
Look at Land Registry house price growth.

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21
Q

Describe the property of you case study

A
  • Industrial unit of 27,000 sqf
  • Steel portal frame with insulated profiled steel cladding and roof
  • Clear Internal eaves of 10mt
  • Electrically operated loading doors
  • 7% of ancillary office
  • Trade counter area
  • Parking space to the front and enclosed yard area to the back
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22
Q

What is Gross External Area (GEA)?

A

The area of a building measured externally at each floor level.

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23
Q

What is Gross Internal Area (GIA)?

A

The area of a building measured to the internal face of the perimeter walls at each floor level.

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24
Q

What is Net Internal Area (NIA)?

A

The useable area within a building measured to the internal face of the perimeter walls at each floor level.

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25
Q

What are the differences between GIA and NIA?

A

NIA:

excludes columns
excludes shared internal walls
excludes common areas such as entrance halls, toilets, stairwells, lift.

GIA:

includes columns
includes all internal walls
includes common areas.

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26
Q

How do you measure an industrial unit? and what do you include and exclude?

A

GIA.

Include:

columns
lift wells
mezzanines with permanent access
loading bays.

Excludes:

canopies
fire escapes

Ancillary offices within an industrial unit would be measured using GIA.

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27
Q

How did you measure the vacant land?

A

I check that the boundaries matched the title plans and measured the area on Edozo

A trundle wheel could also be used.

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28
Q

What are the commonly used scales? and what scale was used for your plan?

A

1: 50 = Room Plan
1: 100 = Building Plan
1: 1250 = Street/Location Plan
1: 2500 = Location Plan
1: 50000 = Road/Walking Map

  • 1:1250
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29
Q

Why do you have reference to title plans?

A

To ensure the boundaries are correct and that I am correctly measuring the Property.

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30
Q

What is the difference between GEA and GIA?

A

GIA excludes the external wall thickness whereas GEA includes them

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31
Q

How does a disto work? How can you check its accuracy? When is it least accurate?

A

A disto sends out a laser beam and measures the time taken for it to reflect which gives it a distance.
We check all distos before use by measuring a known distance in the office.
It become less accurate the longer the distance and it is very difficult to use outside over long distances because it is difficult to aim and see the laser.

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32
Q

How do you verify whether a Disto is accurate?

A

I check it hasn’t any damage on it (including lens)
I measure a know size
We send them periodically to the manufacturer to be calibrated

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33
Q

What sort of hazards did you have consideration of?

A
  • Moving vehicles
  • Material lying on the grounds on which I could trip on
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34
Q

What are you looking for on a valuation inspection?

A

Factors which can influence value:

location
condition
specification
tenure
aspect
defects

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35
Q

when inspecting, what elements do you look internally?

A

layout
specification
defects
services
fixtures and fittings
statutory compliance

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36
Q

When doing an external inspection of a building what elements would have consideration of?

A

method of construction
condition
access
car parking
defects
site boundaries
age of building

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37
Q

What would you look for in the immediate area in the context of valuation?

A

Market
- location
- situation
- amenities
- surrounding uses
- sale boards
- vacancy rates
Hazards
- environmental hazards
- contamination
- power lines
- flooding

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38
Q

What is the current institutional specification for industrial buildings (8)?

A

Minimum 8m clear eaves height with 10% roof lights
Minimum 30 kN / sqm floor loading
Plastic coated steel profiled cladding with brick or blockwork walls to approximately 2m
Full height loading doors (electrically operated)
3 phase electricity power (415 Volts)
5-10% office content and WC facilities
Main services capped off
Approximate site cover of 40%

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39
Q

What documents might your request before undertaking an inspection (4)?

A

Operation & Maintenance (O&M) manual
Asbestos register
Title plan
Floorplans

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40
Q

What would you normally measure in industrial unit?

A
  • GIA
  • Eaves height
  • Loading bay
  • Mezzanine
  • Loading doors
  • Site coverage
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41
Q

What is the structure of the RICS Surveying Safely 2018?

A

Personal Responsibilities for RICS Members and Firms
Assessing hazards and risks
Workplace Health and Safety
Occupational Hygiene and Health
Visiting premises and sites
Fire safety
Residential property surveying
Procurement and management of contractors

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42
Q

What are the principle of surveying safely guidance note?

A

the duty to ensure safety is extended to all members and not employer
the implementation of hierarchy of risk control
Visiting site premises and review risk even when on site

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43
Q

What is the safe person concept?

A

The person assumes personal responsibility for their own and colleagues and others health and safety while at work. This is contained within the RICS Surveying Safely Document.

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44
Q

What is the 4 step inspection methodology ?

A

Consider personal safety ( carry out a pre-inspection H&S risk assessment)
Inspection of local area
External inspection (top-down approach)
Internal inspection

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45
Q

What other documents do you know relevant to inspection?

A

Technical due diligence of commercial property 1st edition 2020,

The Guidance Note is split into key sections; Types of Inspections, Taking Instructions, The Inspection and The Report.
The aim of a TDD report is to facilitate the client (e.g. prospective purchaser or occupier) in making an informed decision from a technical perspective and any risks.
The Guidance Note defines four types of inspections, based on various stages in the property lifecycle.

These are:

Acquisition

Occupation and operation

Disposal

Refurbishment or development

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46
Q

Can you describe the residential block in Colchester

A

A new purpose built residential block, of 5 storeys with cavity wall constructions
The internals of the flats had modern specifications, with modern open plan kitchens and living rooms
Bike storage
EPC B

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47
Q

What are the characteristics of a new build property?

A

cavity walls
double glazed UPVC windows
UPVC guttering and drainpipes
damp course
solid floors
open plan rooms
carpeted / laminate flooring

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48
Q

What aspects do you consider when valuing a resi property?

A
  • Location
  • Access to transport facilities and other amenities
  • Energy efficiency
  • Wear and tear and condition of the property
  • Age and construction of the property
  • Specification f the internal
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49
Q

How can you tell the age of a building?

A

asking the client
planning consent
land registry information
local history records (historical maps)
architectural style
Lease
Date plaque or similar

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50
Q

Is there any RICS guidance on contaimination?

A

RICS guidance note: Contamination, the Environment and Sustainability (2010)

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51
Q

What is Japanese knotweed?

A

A
An invasive perennial plant that grows strongly and quickly up to 2m high.

It can damage surfaces such as foundations and tarmac.

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52
Q

Is there an RICS guidance for Japanes Knotweed?

A

Japanes Knotweed and Residential Property March 2022

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53
Q

What kinds of risks do you consider when undertaking an inspection?

A

Lone working
Asbestos
Accessing roofs and roof spaces at height
Hazards associated with derelict/empty properties
Confined spaces

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54
Q

Did you have consideration of Fire Safety? Are there any RICS guidance that you are aware of?

A

Yes, The Fire Safety Act 2021 requires all responsible person to assess, manage and reduce the risks of fire posed by the structure, external walls and common areas of a building.

RICS Guidance Note: Valuation of Properties in multi-storey, multi-occupancy residential buildings with cladding (2021)

The owner of the building had a EWS1 form which confirmed the cladding was compliant with current regulation

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55
Q

What is an EWS1 form?

A

Designed to be used for residential properties of any height i.e. blocks of flats, student accommodation.

Not designed for use for hotels.

Allows a “qualified professional” to confirm that an external wall system on residential buildings has been assessed for safety, in line with government guidance.

Considers:

the height of building
type of cladding & how much
presence of balconies & combustible material

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56
Q

Why is an EWS1 form needed?

A

Delivers assurance to lenders, valuers, buyers, residents and sellers.

It’s purpose is to ensure a valuation can be provided for mortgage purposes for a property with an external wall system.

Only used for a valuer & lender in determining if remediation costs affect valuer.

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57
Q

What are the 5 steps a duty holder must take in relation to asbestos?

A

Assess location and condition
Assess risk and create an asbestos management plan
Produce an asbestos register
Make the register available to all who may disturb it
Review register regularly (HSE recommends every 6 months)

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58
Q

Where is Asbestos usually found?

A

As picturised in the RICS Surveying Safely 2018, Asbestos can be found in many places.

Examples include:

roof sheeting and tiles
pipe lagging
insulation
textured coatings and paints
cement
guttering and drainpipes

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59
Q

What is the key asbestos legislation? and what are some of the principles?

A

The Control of Asbestos Regulations 2012.

non compliance is a criminal offence
provides obligations to the duty holder and employer
duty holder is the owner of the premise if vacant or a tenant if holding a repairing lease.
duty holder must undertake a risk assessment
all work is to be done by a licensed contractor
asbestos register must be produced and kept up to date

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60
Q

What is the Fire Risk Management Regulatory Reform (Fire Safety) Order 2005?

A

Risk assessment for fire prevention in non-domestic properties

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61
Q

Can you describe the property in Braintree? what you were looking to assess?

A
  • It was in countryside context so the surrounding consisted of parcels of land, divided by post and rail fencing and walls
  • I was looking to assess the condition of fencing, entrance gates and other boundaries and ground gravel
  • I undertook a SoC to evaluate the condition of the property before and after of the works and to assess accurately any damage that may had occur
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62
Q

Describe Land in Upminster? What was the purposes?

A

The instructions was for agency purposes; Plot of land within the Green Belt extending 88 acres; The land included 2 developed plot with agricultural sheds covered with metal profile sheets

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63
Q

In Upminster, what was your reasoned advice with the disrepair?

A
  • I identified the damage as being serious and potentially causing harm so breaching the H&S Act 1974, so advised the to undertake the repair as soon as possible and that I wouldn’t be able to carry out viewing until that was repaired.
  • Under the H&S 1974, the owner would have responsibility to ensure safety in the premise
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64
Q

In Chelmsford, what was your reasoned advice with the trespass?

A
  • That it would need to be resolved asap, as it constitutes breach of public liability warranty and in case of any injuries the insurance wouldn’t potentially be able to cover and damages;
    The option that I advised were to resolve it either by negotiating an extent, move all equipment in.
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65
Q

What are commonly used measuring tools (4)?

A

Tape measure
Rod/kebab skewer
Disto/Laser device
Trundle wheel (used for measuring land)
Wooden folding tape

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66
Q

What tollerances are accepted under the measurement regs?

A

Tollerances are listed under Appendix A of the Property Measurment PS 2018 and are varied depending on the purpose;

In my sort of work I would need to adopt =/- 25mm

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67
Q

Can you describe the retail unit in benfleet?

A
  • Mid-terraced shop unit with
  • glazed frontage
  • solid concrete floors
  • staff facility and kitchen area on 1st floor
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68
Q

Can you describe the industrial unit in Witham?

A
  • End of terrace unit
  • Steel portal frame
  • Insulated roof and elevation cladding
  • 5% of ancillary office
  • Front gate yard including car parking
  • Eaves 7.5mt
  • GIA 11,000 sqf
  • Site coverage 45%
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69
Q

What are International Property Measurement Standards (IPMS)?

A

A global RICS-led initiative introduced mandatory Internal Property Measurements Standards and practices aiming to avoid current inconsistent definitions of measurement in different countries and bring greater global transparency.

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70
Q

What is the difference between IPMS 3 Office and NIA?

A

5 differences:

IPMS 3:

  • measures to the IDF, and not to the internal wall surface
  • Includes but states separately Limited Use areas, such as height below 1.5 mt, and internal structural walls (whereas NIA excludes them)
  • Includes columns (and NIA doesn’t)
  • Party walls are measured to the centre line (whereas NIA measures to the internal surface wall)
  • Includes terraces and balconies (and NIA excludes them)
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71
Q

What is the difference between GIA and IPMS 2 Office?

A

GIA:
- excludes balconies, covered galleries and rooftop terraces.

IPMS 2:
- Balconies, covered galleries and rooftop terraces are included but stated separately.
measures to IDF, window reveals included if IDF

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72
Q

What is the conversion from acres to hectares?

A

1 acre = 0.4046 hectares.

1 hectare = 2.471 acres

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73
Q

If a retail has return frontage, what would you do?

A

There are various ways:
- Adding a percentage to the overall rent or to the ITZA area (say 5%)
- Measuring the return affected area and adding a percentage to that affected area (10% say)
- Adding an amount per linear metre run if the return frontage to the ITZA

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74
Q

What measurement would you take on a retail property?

A
  • NIA
  • shop depth
  • Gross and net frontage
  • Any limited use area to deduct from the NIA
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75
Q

what is zoning? what is the benefit of zoning?

A
  • It’s a technique used for comparing retail properties
  • it consist in splitting a retail areas into zones of generally 6.1mt deep.
  • Zone A is the area closer to the shop frontage and with a higher value, and the zones behid that are valued using a halving back principle
  • Normally retail shops are split into 3 areas, A, B and C plus remainder
  • remainder will have normally a 1/10 value of zone A
  • It allows a valuer to compare any retail shape property as it is assessed on a consistent approach
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76
Q

What is the Red Book?

A

The Red Book is a framework containing mandatory rules, best practice guidance and related commentary for all members undertaking valuation work across the globe.

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77
Q

What are the key updates to the latest Red Book Global?

A
  • Term of Reference must be clear and unambiguous, in that valuation are either Red Book complaint or not (quasi- or non-Red Book are term not to be used)

Sustainability:
- VPS2 and 3 puts greater emphasis on Sust and ESG factors
- VPGA2: ESG and Sust factors should form an integral part of the valuation approach; commentary may be also be required on the maintainability of income, and on future cost liabilities to meet changing regulations and investors expectations
- The inclusion of direct and indirect valuation relevance and physical and transition risks under VPGA8

  • Definition and scope of valuations contained within the IVS
  • VPGA1 (val for finacial reportg) ref to IFRS 13 and IFRS 16
  • A non-exhaustive list of properties that require the use of the profit method, such as student housing, self-storage etc
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78
Q

Why is it important to value using Red Book standards?

A

In order to ensure that I am providing accurate, reliable valuations that are in line with the industry standards and best practice

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79
Q

Name some of the statutory Duediligence that are required to be undertaken for a valuation?

A
  • Asbestos register
  • Equality Act Compliance
  • Business rates/Council Tax
    -Contamination
    -Environmental issue
    -Randon Gas
    -Flood risk
    -EPC rating
    -Fire Safety
    -highways
    -legal title
    -tenure
    -land registry
    -planning history
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80
Q

What does the Profit method consist and for what type of property do use it for?

A

The profit method is used for trading related properties, that are designed for a specific use and where its the value reflects in the trading potential i.e. Hotels, restaurants, night clubs.
- The valuer needs to first establish the Fair Maintainable Operating Profit (FMOP= Turnover - Business costs) or EBITDA(Earnings Before Interest Taxes Depreciation and Amortization) achieved by a Reasonable Efficient Operator (REO).
- Then capitalize the FMOP by the appropriate All Risk Yield (rate of return).
- It’s always good practice to check result with comparable sales if possible

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81
Q

What is DRC and what it’s used for? and how does the DRC work? what types of obsolescence exist?

A

It’s the method used for specialized buildings, where there’s limited or unavailable market evidence i.e. schools, fire stations. This method is used for accounting and rating valuations.
Methodology:
- Determine the existing use of the land
- (current costs of replacing the building + fees) - (deprecated and obsolescence/deterioration)
- Physical obsolescence - wear and tear of building
- Functional obsolescence - where design of the asset no longer fulfils the function of what was originally designed
- Economic obsolescence - life cycle of the building

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82
Q

What does the RICS guide on comparable evidence recommend?

A

The guide outlines principle of comparable method and provides advice when dealing with little comparable evidence. Any source of rental data can provide good comparable evidence as long as it is fully validated and appropriately analysed. Also sets out a non-perspective hierarchy of evidence that valuer should use:

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83
Q

What does PS1 of the Red Book Global cover?

A

PS 1 - Compliance with standards and practice statements where a written valuation is provided.

Looks at application - when a valuation needs to be Red Book Global compliant.

Details the 5 exemptions.

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84
Q

What does PS2 of the Global Red Book cover?

A

Ethics, competency, objectivity and disclosures

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85
Q

VPS 3 - can you give preliminary (draft) valuation advice?

A

Yes, however it must be:

  • marked as a draft, subject to completion of the final report
  • marked for internal purposes only
  • stated that it cannot be relied upon and can’t be published.
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86
Q

VPS 4 - Define a special assumption?

A

A special assumption is a supposition that differs from reality but is taken to be true and accepted as fact, even though it is not true.

e.g. special assumption of a 90 day sale period.

A special assumption must be agreed with a client in writing at the commencement of an instruction.

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87
Q

VPS 2 - why must valuers inspect?

A

To verify the physical aspect of the property and that the necessary information being relied upon for a valuation to ensure the information is professionally adequate for its purpose

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88
Q

VPS 2 - are desktop reports Red Book compliant?

A

Yes, however the valuer should consider if the restriction is reasonable and confirm this in the limitation sec of ToE

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89
Q

VPS 3 - can you discuss the valuation report with the client prior to issuing?

A

Yes you can, however, you must not be influenced by the client in any way.

Any information given by the client in the discussion, must be stated within the report

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90
Q

VPS 4 - Define Market Value?

A

The estimated amount for which an asset or liability should exchange:

  • on the valuation date
  • between a willing buyer and a willing seller
  • in an arm’s length transaction,
  • after proper marketing
  • where the parties had each acted knowledgeably, prudently and without compulsion.
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91
Q

VPS 4 - Define Market Rent?

A

The estimated amount for which an interest in real property should be leased:

  • on the valuation date
  • between a willing lessor and a willing lessee
  • on appropriate lease terms
  • in an arm’s length transaction,
  • after proper marketing and
  • where the parties had each acted knowledgeably, prudently and without compulsion.
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92
Q

VPS 4 - Define Fair Value?

A

The price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.

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93
Q

VPS 4 - Define Investment Value?

A

The value of an asset to a particular owner, or prospective owner for individual investment or operational objectives

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94
Q

What does VPS3 relate to?

A

Valuation reports

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95
Q

What does VPS3 relate to?

A

Valuation reports

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96
Q

When undertaking a loan security valuation, what parts of the Red Book would you have view on?

A

VPGA 2 and VPGA 10 of UK National Supplement.

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97
Q

Can you value a property that your agency team has sold?

A

Under RICS Professional Statement: Conflicts of Interest - UK Commercial Property Market Investment Agency (2017).

You can be both the agent for the seller and the valuer for the lender/purchaser - however, must be disclosed and agreed in writing.

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98
Q

What specific elements would you look at for environmental factors?

A

Flood risk
EPC
Current and Historic use
Contamination
Invasive species

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99
Q

When is Fair Value required as a basis of value?

A

When the client has adopted IFRS for their accounts

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100
Q

What is the Review of Real Estate Investment Valuations?

A

It’s a report commissioned by the SRB and prepared by Peter Pereira Gray to address the process of how to carry out Investment Valuations in view of of the rapidly changing markets;

The key recommendations are:

  • the creation of a Valuation Commission Officer role within regulated valuation providers
  • Creation of an independently-led valuation regulatory panel
  • Adoption of DCF as principal model for preparing property investment valuations
  • Rotation process for valuers
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101
Q

What is a DCF?

A

It’s a tool that can be used for valuing investment assets, and which involves estimating future cashflows that the asset is expected to generate and then discounting those cashflows back to their present value using a discount rate.

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102
Q

What is the UK Red Book National Supplement?

A

It’s a supplement guide to the Red Book Global, which provides 18 valuation practice guidance ( it is not a substitute);

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103
Q

What are the pros and cons between a DCF and conventional method of valuation?

A

Pros:
- DCF includes a detail projection of future costs, growth and therefore more is a more objective method for valuing;
- Conventional method, it’s a more simple and straight forward valuations method that doesn’t need detailed data inputs or assumptions

Cons:
- DCF needs large amount of data and assumptions
- CM requires large amount of comparables and a slightly more subjective assessment

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104
Q

What is the industry regarded profit test? and why is 3 times?

A
  • The profit test is regarded as the the Net Profit being at least 3 time the annual rent for 3 consecutive years or the net asset value to be 5 times the rent for 3 consecutive years.
  • this is because it takes into account rent rates and staff remuneration
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105
Q

What is hope value?

A

The element of value of land over and above the existing use value which reflects the prospect of potential development/alternative use.

Hope value generally lies between the EUV and its Development Value/Alternative Use and can increase as the likelihood of a new alternative use becomes more certain.

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106
Q

How do sustainability factors may impact valuations?

A
  • Operational efficiency: properties that are not energy efficient are generally more expensive to run therefore receive less demand from users and reduce value
  • MEES compliance: property with high EPC rating that fall below the acceptable range cannot be rented so will incur in voids and are subject to large capital expenditure sums to bring them up to standards and therefore negatively impact on value
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107
Q

What are the differences between quantitative and qualitative adjustments?

A
  • A quantitative adjustment consist in quantifying in money terms the adjustment to apply on certain comparable and apply that allowance
    e.g. if have two comparable properties that in different state of repair, an adjustment could be made to allow for the costs of renovating the property in poorer condition up to the standard of the better building.
  • A qualitative adjustment are allowances based more on professional judgement and knowledge of the local market where there is no direct evidence to quantify the degree of adjustment required.

E.g. view of the property, footfall exposure, tenant covenants

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108
Q

What are 3 takeaways form the Comparable Evidence in Real Estate Val GN 2019?

A
  • The importance of verifying evidence
  • The hierarchy of evidence
  • Making adjustments and be transparent about the adjustment made
  • recording clearly the comparable evidence and kept on file.
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109
Q

Describe the industrial property in Witham:

A
  • End of terrace, light industrial unit
  • Portal frame construction with insulated cladding elevation and roof coverings
  • GIA 11 sqft, 7.5 mt eaves height going
  • Front gated yard including parking
  • SIte coverga 45%
  • Presence of mezzanine
  • 1 Loading door with eletric shutter (3.5h x 3.8w)
  • EPC rating D
  • Good accessibility to A12
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110
Q

Witham example, how did you structure the investement method?

A

T&R I capitalised the passing rent for the unexpired term but defferred Reversion by 9 months to incorporate a void (6 months) and rent free period (3months) at the start

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111
Q

How would you value a property that has an EPC falling outside MEES regulations?

A

I would either recommend the client:
- to obtain a cost estimate for bringing the EPC rate of the building up to compliant standards and reflect the impact of those costs in the valuation
- or if there are sufficient comparables of similar property with low level energy rating, I will adopt a similar rate

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112
Q

How does a low EPC rating affect the lenders ability/perspective?

A

A property with low EPC rating may reflect a risk with regards to the maintainability of the income over the life of the loan; for example:

  • a low energy efficiency building my have high operating costs and therefore affect the profitability of a tenant and therefore its ability to pay the rent to the borrower
  • A low energy rating that is due to fall outside the MEES, can have a short term income generating potential and therefore not guarantee it’s ability to repay the loan through its income
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113
Q

What is a sensitivity analysis? and what is t used for?

A

A sensitivity analysis allows a valuer to test the the profitability of a scheme by changing key inputs of an appraisal, such as GDV, yield, build costs, finance rate or phasing.

It’s used to identify the level of risks and uncertainty associated with the project and allow developers make informed decisions about the level of investment

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114
Q

What is WAULT? What is this ration mainly driven by and what is its purpose?

A

Weighted Average Unexpired Lease Term

  • WAULT is calculated by multiplying the remaining term of each lease by its rental value
  • adding all lease values figures together
  • and then diving it by the total annual rent
  • This calculation takes into account that longer leases provide greater income security than sorter leases, and thus have a greater impact on the overall value of the building/potfolio
  • WAULT is a useful metric for property investors to assess the income profile and for comparing against other multi-let properties
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115
Q

What is the difference between a open market letting comp and a comp arising from rent review?

A
  • An OML would normally have more wait as this type of value is being determined openly between two parties without any special conditions or restrictions;
  • the rent review is a value determined by taking into account certain terms and restriction contained in an existing lease
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116
Q

Why would a SWOT analysis be useful in valuation?

A

A SWOT analysis can help identify the internal and external factors that affect value of a property, such as tenants covenant, market conditions, conditions etc

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117
Q

What is the difference between Net Effective Rents and Headline rents? How can NER be determined?

A
  • A headline rent(or face rent) is the quoted rent by landlords which does not include any incentives or discounts, such as rent free periods, fit-out periods, service charge waivers, that the landlord may offer to attract tenants
  • NER is actual rent paid by the tenant over the term of the lease, after deducting an incentives or discounts that the landlord may have provided.
    NER can be determined with a Straight line method, Straight line method assuming time value of cash flow using a yield(n will be the no. of years and i the inflation) or by using a DCF.
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118
Q

What’s an incentive?

A

Any form of inducement or concession made by either party:
- Rent free periods
-Stepped rents
-Capital contributions
-Premiums

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119
Q

What is a yield? How is calculated and represented?

A

It is a measure of investment return, expressed as a percentage of capital invested * Calculated as income divided by price x 100

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120
Q

What is Internal Rate of Return? What represents?

A

It’s a financial metric that measures the profitability of the scheme and potential returns.
It is the interest rate at which the net present value of all cashflows is equal to zero.
That means that the higher the IRR the more profitable a scheme is.

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121
Q

What are the RICS documents relevant to valuation & ESG?

A
  • Sustainability and ESG in Commercial Property Valuation and Strategic Advice 2021.
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122
Q

What was your reasoned advice for the Billericay valuation?

A
  • I confirmed the suitability of property for lending purposes, as the asset offered good a marketability profile
  • I confirmed that there were no physical, environmental matter that would have a significant impact on the value
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123
Q

What was your reasoned advice for the West-cliff Bay valuation?

A
  • I confirmed the suitability of property for lending purposes, as there was a general strong demand for that type of property with good energy efficiency
  • Under VPS2 and VGA8, I confirmed that there were no environmental and physical matters that could have a material impact the property value
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124
Q

what is the margin of error for valuations? What is the leading case?

A
  • Case law: Singer & Friedlander vs JD Wood (1977)

The acceptable margin of error varies depending on the type of asset to be valued.
For example, the margin of error for a standard residential property with a good level of evidence is +/- 5% ; for a one-off commercial property can go to +/- 10%, but courts have accepted up to 15%;

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125
Q

Under VPGA2, what additional recommendations a valuer should give if the property is held as investment?

A
  • summary of occupation leases
  • commentary on passing rent vs market rent
  • Comment on the market’s view with respect to the quality and strength of the tenants
  • Comment on the maintainability of income over the life of the loan - Consideration of maintainability of income in the context of ESG and sustainability
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126
Q

What difference would allow when valuing between new built flats and second hand flats?

A

It depends but normally between 10-20%, due to the facts that new built flats are normally provided with better energy efficiency systems, modern fittings and there is absence of wear and tear. Also, new built flats would a NHBC warranties that cover against any defects.

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127
Q

In billericay, what was your valuation methodology?

A
  • In respect of the retail unit I have assumed:
    o On the reversion of current lease an average of 6 months void period + 6 months’ rent free
    o Applied an average 7% Y on term due to the security of income and rental growth
    o and 8.5% on reversion due to the uncertainty of covenant strength, risk in re-letting the property and dilapidation issues
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128
Q

In Billericay, how did you check dilapidation aspects with current tenants?

A
  • I checked the lease terms and established that the repairing liabilities were tenant’s responsibilities so assumed that the tenant would bring the property back to its conditions
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129
Q

In Billericay, how did you assess the covenant strength of the current tenants?

A
  • I was unable to assess some of them on D&B so I looked at their accounts on Company House and verified that their net profit was proportionate to the rent obligation and also verified their history and spoke to local agents
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130
Q

In West-cliff, What other due diligence have you considered?

A
  • Flood risk was very low being on a hill
  • Tenure FH was confirmed
  • Physical site boundaries complied with the title plans
  • Plans of internal layout was also compliant
  • No contamination or other environmental matter that could impact the value
  • From our research all planning conditions were fully discharged so we assumed that the houses all benefitted from full planning permission and Build Regulation consent
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131
Q

In West-cliff, How did you confirm that the subject units were suited for the intended purpose of loan security?

A
  • From the due diligence undertaken, I verified that there were no environmental circumstances that could severely affect the value of the property
  • From a market analysis, I established that there was strong demand for energy efficient residential properties
  • All of the EPC ratings were within the MEES standards
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132
Q

Describe Billericay?

A
  • 1980s inner terrace block with cavity wall construction along Billericary highroad, with 4 retail units on GF and 3 offices on the upper floors
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133
Q

What is an S-curve? please describe it

A

It’s a graph showing the patterns of cashflow of a typical development project

Typical scenario of curve:
- The usual curve will normally start at a low level and increase gradually as the project progresses.

The curve will reach its peak during the middle of construction, when the majority of costs occur and then tail off towards the end of the development period, to reflect the completion of the project and the realisation of revenue

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134
Q

What is the S-curve used for?

A

The S-curve is useful for assessing cashflow requirements over the development time period and tailor eventual loan to it

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135
Q

What are factors can influence interest rates?

A

Risk profile of the development project
Risk profile of the developer, whether they are an established company or not

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136
Q

What is affordable housing?

A

It includes social and affordable housing provided to eligible households whose needs are not met by the market and therefore it’s provided at an affordable price.

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137
Q

What ways can GDV of affordable housing be valued?

A

By comparable evidence extracted from similar developments in same area
By capitalising the net annual rents and summing those up with the capital receipts from initial equity
Adopting the subsidy provided by Registered Providers

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138
Q

What is CIL?

A

Community Infrastructure Levy, and It’s a fixed planning payment obligation for new development to help fund new infrastructure in the local area;

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139
Q

Give me brief summary of your appraisal in Nine Elms?

A

S: to verify whether the asking price proposed by the client would be able to attract a sufficient level interest and provide appetite for multiple buyers, in the current market conditions
T: Carry out an appraisal based on various assumptions, and fixing the asking price to see what level of profit would the site generate
A: Collate key inputs to include in the appraisal; cross checking the Build costs provided by the client with the BS surveying team to ensure this was appropriate
R: I determined a Profit on Cost of 10% which I believed would be seen too low for attracting a good level of demand / high risk of becoming unviable

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140
Q

In the Nine Elms appraisal, what was your conclusion and why ?

A

The asking price was too high for attracting demand from developers (Profit generated 10% on Cost), as I believed that the expected profit level for that scheme in current market condition should have been of 15-18% of Costs

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141
Q

What sort of target profit margins would you expect in average risk developments?

A

18-20% of Cost
16-18% of GDV
The target profit will depend on the risk profile of the development, the size and its complexity

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142
Q

What are marketing costs? and how much would you expect to account for those?

A

The costs associated with selling the units such as advertisements, show homes, brochures, EPCs

2.5-3.5%

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143
Q

What are the standard inputs in development appraisal?

A

GDV
Build Costs (contingency 5% but varies)
Professional fees (8-12% based on complexity)
Planning cost (S106, CIL, S278 for highway)
Finance costs (7%)
Sales and marketing (2.5-3.5% of GDV + legal fee £750 per unit)
Profit
Land acquisition costs
## Residual land

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144
Q

What is a Montecarlo simulation? Why is it used?

A

It is a type of sensitivity analysis which is based on a statistical model.
It estimate the likelihood of achieving certain financial outcomes, based on the low and high markers range that I set out.

Is used to evaluate the risks and uncertainties associated with a development.

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145
Q

What is your reasoned advice with Bromely Road

A

My advice was that the appraisal, based on the historic land price, had shown a increase of profit due to an increase in sales values, reduce marketing costs and a shorter borrowing period which reduced the total amount of interest and fees paid over the construction period

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146
Q

What is profit erosion?

A

It indicates the time it takes for the proft to erode from the completion of the development, due to empty rates, service charges and interest costs, following the completion of the scheme

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147
Q

Give me your reasoned advice for Purford Green? expand why?

A

My advice indicated that the development design proposal prepared by the client had high chances of becoming unviable.
The scheme included a number of renewable environmental features such as solar panels and heat source pump which were pushing costs up and consequently producing slim margins.

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148
Q

n Purford Green, how did you establish that the there was limited demand in that area for the design proposal?

A

I undertook a comparable method to determine the GDV, which indicated that premium sales values achieved in that weren’t high enough for justifying the type of design proposed.

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149
Q

What sort of performance measures can you use in a development appraisal?

A

Profit on Cost or GDV
Profit Erosion
IRR

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150
Q

What is the difference between a development appraisal and a residual valuation?

A

Development appraisal: establish the viability/profitability of a proposed development and helps developer choose from different sites

Residual valuation: establish the market value of the land and is based on mainly market inputs

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151
Q

What would be included in your estimate for site preparation costs and how would you estimate them?

A

Demolition, remediation works, landfill tax, site clearance, levelling, fencing and provision of services

Obtain a contractor’s estime for these works

152
Q

What basis are the costs on BCIS usually expressed? Where does RICS obtain the information from?

A

Usually based on a GIA basis
Obtain monthly updates from Quantity Surveyors / Building Surveyors
recent contract prices / tenders agreed

153
Q

What is overage (also known as Clawback), and what 2 parties usually share it?

A

legal arrangement for the sharing of any extra receipts received over and above the profits originally expected, as dictated by a pre-agreed formula
Usually shared between vendor/landowner and developer in a pre-arrangement apportionment

154
Q

What guidance did the RICS release on valuing development property?

A

RICS Valuation of development property, 2019

155
Q

How should you value land that is in the course of development according to RICS Valuation of development property, 2019 (and/or)?

A

Value of the land + costs expended at the valuation date
and/or

Completed development value - costs remaining to be expended at the valuation date

156
Q

What method does the RICS Valuation of development property state should be used for complex and/or lengthy development schemes?

A

Discounted cash flow (DCF) technique. Simple residual method can be used in other cases

157
Q

What are the limitations of argus?

A

Assumes 100% finance

158
Q

What is the definition of GDV?

A

The aggregate market value of the proposed development, assessed on the special assumption that the development is complete on the date of valuation in the market conditions prevailing on that date.

159
Q

What is included on a Title Register?

A

Title Number
Property Registry - describes the land
Proprietorship Register - identity of owner
Charges Register - matters which affect the land

160
Q

What is included on a Title Plan?

A

Title Number
North Point
Red Line Boundary
Administrative Area
Scale

161
Q

What does data protection mean and what does involve?

A

Data protection means using and storing information about people fairly and responsibly.

It involves being open and accountable, and recognising and complying with individuals’ rights over how their personal details are used, accessed and shared.

162
Q

What is personal data?

A

Personal data is information about a specific living person, such as name, address or date of birth

163
Q

Under data protection, what rights are reserved to individual?

A

right to be informed (know how data is collected and used)
right to access (request access to data held about them)
right to have data erased
right to have data rectified, if is inaccurate
right to restrict processing of their data in specific circumstances
right to data portability (so they can reuse data across different services or for their own purposes)
right to object decisions results if data is being processed through only automated systems which affect legal rights or financial circumstances (i.e. mortgage application)

164
Q

What is UK GDPR? and what’s its purpose?

A

It’s the UK data protection framework which is based on Data Protection Act 2018 and UK GDPR; It’s a privacy and security law designed to protect personal data and how is this used by organisations, businesses and government

165
Q

What are the Data Protection principles?

A
166
Q

What are the Data Protection principles?

A
  • Limited purposes: personal data can only be collected for specified and legitimate purposes. If original purpose changes a new consent is required;
  • Data minimisation: personal data shall be adequate and limited to its purposes; no additional info should be collected/stored if not needed
  • Accuracy: data must be accurate and kept up to date
  • Storage limitation: data must be kept only for the required time and not hold for longer than necessary
  • Securely processed: data must be kept safely and be protected by unauthorised access and accidental losses
  • Accountability: the controller and processor are responsible for adopting adequate and secure system for using personal data
  • Lawfulness, transparency: data shall be processed lawfully, fairly and in user friendly manner, that allows comprehensive understanding from the individual
167
Q

Under the Data Protection Act, what are the key requirements for businesses handling data?

A
  • Have policies and procedure for data protection in place
  • Keeping data security measures up to date
  • Carry out data protection impact assessment, to test and check the measures are effective, and improve them where necessary
  • Train staff
  • Employ an independent Data Protection Officer (DPO) to monitor internal compliance (compulsory for public organisation)
168
Q

What are the consequences of non-compliance with data protection?

A
  • Compensation claims (i.e. compensate for the loss of money or distress caused)
  • Negative publicity
  • Financial penalties
169
Q

What are the key roles in the data management context?

A
  • Data subject: living person whose personal data is processed
  • Data controller: an organisation or individual that decides why and how to process personal data
  • Data processor: An organisation or individual that process the data on behalf of the controller
170
Q

Can you give me some example of the data you manage ?

A
  • Client details
  • Values
  • Plan info
  • Project details
  • Build costs (BCIS)
  • Planning info
  • EPC rating
171
Q

Which instances would you be able to disclose client’s information without their explicit consent?

A

Only when there is a statutory right overriding the client’s confidentiality, such as a request from the police or HMRC

172
Q

What should you do if there is a data breach?

A

Inform the Information Commissioner’s Office not later than 72 hours after becoming aware of it.

173
Q

Where does BCIS collect its’ data from?

A

from a variety of sources including construction professionals’ surveys, accepted contracts and tenders and government agencies

174
Q

What is a Firewall?

A

It’s a security tool for any organisation that want to protect its computer networks and data from unauthorized access or malicious attacks (viruses)

175
Q

What information is included in Company House?

A
  • Company name, number and registered office address
  • Directors names and addresses
  • Shareholder names and addresses
  • Accounts and annual returns filed by the company
  • Memo and articles of association
  • any charges or mortgages over the comapny assets
  • Person of Significant interest
  • details of any insolvency proceedings or liquidation
  • statutory filings made by the company
176
Q

What information type of land interest can be found on Land Registry?

A
  • Freeholds
  • Leasehold over 7 years
  • Easements
  • Restrictive covenants
177
Q

What are restricted covenants and what effect do they have on a land? and how can they be distinguished from a positive covenant?

A

Are attached to the land and restrict / prohibit certain things.

i.e. could restrict development or use but are identifiable as they do not consist in a financial liabilities.

They are retained even when sold and passed on.

178
Q

What is a right of way?

A

It’s an easement = a right to use part of another person’s property in a particular way even though they don’t own it.

179
Q

What scale is used for a Land Registry Title Plan?

A

1:1250

180
Q

What are some of the different colours on a Title Plan?

A

Green = removed

Brown = right of way

Pink = restricted covenant

181
Q

What would you consider when advising on storage systems?

A

I would consider a few factors:
- Scalability - how much data is going to be stored
- Security - what type of data is stored and therefore the adequate type of security in place
- Accessibility - Who are the authorized people who needs to access it and how do we make this practical for them at the same time as secure
- Reliability - the storage should be reliable and have back up systems in place
Cost-effectiveness:

182
Q

What is a data room?

A

It’s a secure online space where confidential documents and info related to a property can be shared between parties/potential buyers; This space can enable collaborative activities from various stake holders and allow access from remote locations;
It’s a more safe, cost practical way for sharing numerous documentation;

183
Q

What type of storage system exist?

A
  • Hard disk - attached to a computer
  • Network storage system - storage system that is connected to a network and which various computers can have access to
  • Cloud storage systems - storage system that uses remote servers hosted by a third-party provider accessible via internet (Amazon Web Servce, Google Cloud)
  • Physical Storage system - data organised into objects that can be accessed using a unique identifier
184
Q

What is a computerised central project system?

A

A CCP system is a software platform that is used to manage and track the progress of projects. It’s a tool used mainly by project managers and engineers for construction projects.

Helps improve project efficiency, reduce costs and minimize errors

185
Q

What are the main of published source of data relevant to property?

A
  • Land Registry
  • Zoopla
  • Rightmove
  • Office National Statics
  • MSCI index (on subscription)
  • BCIS (on subscription)
  • HMRC
  • Company House
186
Q

Under GDPR, would you be able to transfer personal data? what would consider if the data is going to be handled outside the UK?

A

Assuming consent from the Data Subject os given, however,
GDPR restricts transfers of personal data outside the European Economic Area unless the rights and systems provide sufficient level of security.

187
Q

What is Freedom of Information Act 2000?

A
  • Give individuals the right of access to information held by public bodies
188
Q

What does the Freedom of Info Act require of public bodies? and what is the timeframe for releasing the info?

A
  • Public body must tell any individual requesting sight of info whether it holds it
  • Info is normally required to be supplied within 20 working days from the request
  • It can charge for the provision of the Information
189
Q

What are the exemptions from the FoI Act 2000?

A

-Contrary to the GDPR requirements
- It would prejudice a criminal matter under investigation
- It would prejudice a person/organisation commercial interest

190
Q

What are the main system of security for storing data?

A
  • Disk encryption
  • Regular backups off site
  • Password protection updates
  • Use of Anti-virus software protection
  • Firewall and disaster recovery
  • Confidential Waste Bin
191
Q

What other laws in addition to laws exist that protect companies’ information?

A
  • Companies Act 2006
  • Consumer Protection Act 1987
  • Intellectual Property Laws
192
Q

What is an NDA?

A

Non Disclosure Agreement; It’s a legal contract between two or ore parties that outlines confidential information that is to be kept secrete and not shared with others;

193
Q

What is the new proposed RICS data protection document called?

A

Professional Statement on Data Handling and Prevention of Crime.

194
Q

Talk me through the Bus Shelter project?

A
  • S: extract data for my client on bus sites and understand info rights and ownership
  • T: gather all the data from various sources and organise it in user friendly and intuitive system
195
Q

What was your reasoned advice regarding the Bus Shelter project?

A
  • Given the large volume and type of data requested,
  • I advised to arrange a digital filing system based on a geographical structure of folders and sub-folders
  • This would provide an organised, user friendly and protected system to enable the client to access the information sheet;
196
Q

What was your reasoned advice regarding the Bridge Structure?

A

Create a central project system that contained all inform within one place and give an overview of risks for each scheme based on accessibility and land permission required;

This would facilitate the management and procurement of maintenance contracts,

197
Q

What is GOAD?

A

Goad Plan Data is a dataset that covers retail areas within urban areas and includes info such as retail occupancy, category, floor space, fascia name and a wealth of other detail.

198
Q

What is the difference between primary and secondary source of information?

A

Primary source of data refer to information obtained directly from the property being valued or from the parties involved in the transaction, while secondary source of info refer to data obtained from external resources;

Primary: info from tenancy document or seller or buyer interview
Secondary: property transaction database, market reports

199
Q

What are the weakness of primary and secondary source of info?

A
  • Primary data may have inaccuracies due to human error
  • Secondary data may be outdated
200
Q

What is CoStar and what info can be extracted?

A

CoStar is database that provides a range of data on properties, transactions, leases and tenants. Fro this software you can extract:

  • Property info, such as size, construction type and amenities
  • Transaction data: info on sale prices, dates and buyer and seller info
  • Lease data: lease transactions and info on lease terms and tenant
  • Market reports: property trends, vacancy rates and absorption rates
201
Q

What are the pros and cons of CoStar?

A

Pros:
- Comprehensive coverage across the UK
- Regularly updated with info on new transactions
- Quality and robust control process

Cons:
- High costs and less accessible for small firms
- Limited data on small properties and off-market transactions
- Potential inaccuracies on property classification and other info

202
Q

What is BCIS and what info can you find on it?

A

Stand for Build Costs Information Services and provides costs, price data of the construction industry

It can include:
- Build costs indexes and inflation rates
- Average costs psm or per unit for different type of properties and locations
- Trends and forecast
- Data on construction material, labor rates
- Cost breakdown for different types of building projects, such a new build, refurb and extension

203
Q

Where does BCIS collects build costs from?

A
  • Tender prices submitted from contractors
  • Projects previously completed
  • Cost data provided by suppliers
  • Surveys undertaken by professionals (QS, architects)
  • Government statistics (Office National Statistics)
204
Q

What is the downside with using BCIS costs?

A
  • There may be significant differences in design and specification between the subject development and the average cost provided by BCIS
  • Time lag factor in collecting data, therefore the costs adopted may not be up to date with current conditions
  • Limited scope: BCIS costs may not cover all the type of aspects that my subject require
205
Q

What information gives you a Credit score in D&B?

A

Company’s reliability and financial stability

206
Q

What is cyber security?

A

It’s the term to describe the technologies and practices designed to protect devices, networks from attacks, damage or unauthorized access

207
Q

Why is cybercrime important now?

A

Because cybercrimes have become very common and ave become one of the most common criminal offence. Most organisation have now been subject to it.

As technology evolves even hacking are getting more sophisticated so there is a need to secure information to avoid breaches and protect everyone

208
Q

What type of cybercrimes are you aware of?

A
  • Hacking
  • Malware/viruses
  • Phising emails
  • Breach of copyright
209
Q

How do you mitigate the risk of cyber attcks?

A
  • Keep operating systems and antiviruses always up to date
  • not open attachments before verifying and from unfamiliar sources
  • Have firewalls
  • Be suspicious of techniques that create a sense of urgency
  • Use secure websites
210
Q

What is a detail CPO procedure?

A

Preliminary inquiries
CPO preparation and submission
Notification, and Objecting to a CPO (21 days) - & eventual inquiry
Decision (confirmation/modify)
Possession and acquisition
Compensation

211
Q

Are photographs classified as personal data? If so what you need to do if there’s someone if your photo?

A

Bluur them, same as car plate

212
Q

How marketing material distribuited?

A

All email marketing must be undertaken using databases sourced from Prism, which is a GDPR compliant repository,

213
Q

What is DSAR?

A

It’s a Data Subject Request Access which consist in explicit request of their own personal data; Need to respond n 2-3 weeks

214
Q

What are CPO powers? what is needed for ?

A

Legislative powers which enable public bodies to acquire land compulsorily.

Used to help deliver social, environmental and economic change.

215
Q

Explain the PCE in Link Road for Data management?

A
  • From the red line plans and other sources of information, I was able to extract relevant information which would then feed into a PCE and allow me to assess compensation for each qualifying interest
216
Q

Name some of the entities who have CPOs powers to acquire?

A

Government (various departments)
Local authorities (national park authorities)
Statutory undertakers
Government executive agencies (e.g. Homes England)
Health service bodies

217
Q

Name some of the acts trough which you can obtain powers?

A

Royal Prerogative
Private Act (Special Act)
Public General Act
Transport and Works Act 1992

218
Q

What are the 6 rules for assessing compensation and where are they found?

A

They are stated under Sec.5 of the Land Compensation Act 1961:

R.1 No scheme world (CP to disregarded)
R.2 Market Value (as if sold on Open Market)
R.3 Special Value/suitability to be disregarded (Point Gourde Principle)
R.4 Any uplift from illegal use must be disregarded
R.5 Equivalent reinstatement (when there’s no market evidence)
R.6 Disturbance - based on the value to claimant (and R.2 shall not affect the assessment or any other matter directly based on the value of land)

219
Q

What type of notices can be served to exercise CPO powers?

A

GVD
Notice to Treat and Entry
Notice for temporary occupation – Neighbourhood Planning Act 2017 (3 months notice)

220
Q

What are the differences between a GVD and NTT?

A

General Vesting declaration – used to transfer the ownership before the compensation is agreed.
NTT is legal notice to inform the owner that the AA intends to take possession and buy the land, and states a date when the entry will be made for the purpose of carrying out the works.
Another difference is that the NTT will have details of the compensation that will be paid, whereas a GVD will not state any sums.

221
Q

What are the pros and cons of GVD and NTT?

A

A
GDV allows the authority to acquire a clean title of the land regardless of any type of title/interest (even the ones not spotted) and sets a transfer date before the compensation is agreed; However, the GDV cannot be withdrawn so has no flexibility once served;

NTT needs to be served upon all land interest present on the land and can be modified or withdrawn if needed; If any parties are left out the AA it can cause big issues;

222
Q

What are the key principles outlined in RICS: Surveyors Advising in Respect of Compulsory Purchase and Statutory Compensation (2017)?

A

Key principles that are manadatory to follow:
- Competence - understand statute and CPO code
- Duty in providing advice - advise on assumptions made / estabilsh material evidence / provide balanced advice
- Changes to instruction - ensure no conflict arises
- Inspection - adequate to provide advice, record of condition
- Reporting - consider all matters relevant to instruction
- Fees - must be reasonable / client liable for fees not borne by AA
- Recording time
- Disputes - through Upper Tribunal or ADR (RICS)

223
Q

What sections in the red book might you have reference too when carrying out CPO instructions?

A

VPGA 16 Global Standards UK Supplement
General requirements of PS1 and PS2
VPS 1-5 not mandatory – VPS 1 and 3 provide a useful checklist

224
Q

What are the heads of claim?

A

Market Value
Severance and Injurious Affection
Disturbance
Loss Payments
Interest

225
Q

What are the main statutes governing Compensation Code?

A

Land Compensation Act 1961
Compulsory Purchase Act 1965

226
Q

How did you calculate loss payments?

A

A
Home loss Payments: 10% of MV subject to a cap (£78,000 or 7,800), regularly reviewed. Claimant must be in occupation as main residence for 1 year prior to displacement.
Basic Loss Payment: 7.5% MV subject to cap (£75,000). Applies to all claimants with interest in land held for at least 1 year before relevant date (date of valuation).
Occupier’s loss – greater of (subject to max £25,000):
2.5% of the value of the interest
£2.5 psm of land
£25 psm of GEA of building
or min £2,500
Qualifying interest – freehold or interest as tenant for longer than one year prior to displacement

227
Q

What is Betterment? what is the relevant sec?

A

Betterment occurs when there is an uplift in value on the retained land as a result of the scheme/development. Any value uplift is to be offset against the compensation for the land taken.

S7 Land Compensation Act 1961

228
Q

Is there a limit for implementing a CPO from confirmation?

A

Yes, 3 years

229
Q

What is Disturbance and who is entitled to?

A

Disturbance comprises any additional costs related directly to land taken through compulsory purchase, such as relocation, temporary disruption to business or business or total extinguishment.

Disturbance can be claimed by freeholder and occupier, that can prove a loss arising from the scheme.

230
Q

What is the difference between Severance and Injurious Affection? Where is this outlined?

A

Severance is the decrease in value of the retained land as a result of physical impact of the land taken
Injurious Affection is the decrease in value of the retained land as a result of use of the scheme (nuisance).

231
Q

What is Material Detriment? give me an example

A

Material detriment occurs when a claimant suffers additional damages/losses to the remaining land as a result of the land required to be CPOed.

e.g. if a part of a land is taken but the remaining part is heavily affected and devalued (loss of access), the AA must acquire the whole land plot

232
Q

What is the valuation date with GDV and NTT?

A

Section 5A Land Compensation Act 1961
* NTT – Date acquiring authority enters/takes possession or date when assessment is made
* GVD – Vesting date or date when assessment is made

233
Q

How would you value a ransom strip?

A

The value of a ransom strip can be calculated by following the principles in the following case law:
* Stokes v Cambridge (1961): 1/3 of the uplift of the unlocked development value.
* Ozanne v Herts (1991): where access is sole key to unlocking development value deduction should be higher proportion – increase in value split equally between both parties to reflect equal negotiating positions, 50%.
* Batchelor v Kent (1992): ransom value much lower where there is more than one possible access, even if ransom strip most convenient (15% here).

234
Q

What is a Blight notice?

A

Blight notice is served by the claimant to the AA and is triggered when the potential acquisition of land by the acquiring authority to construct a development scheme has caused a fall in property values and made them unsaleable.

235
Q

When is an owner entitled to a P1 compensation (Land Comp Act 1973)?

A

When no land is taken, but a result of the scheme use the landowner suffers a depreciation of value of its property which can be caused by:

noise
vibration
smell
fumes
smoke
artificial lighting
discharge of solid or liquid substance

236
Q

Are professional fees payable?

A

In respect to professional fees incurred in negotiating a claim for compensation, the Acquiring Authority will usually pay the reasonable surveyor’s (and legal) fees which are incurred in negotiating the claim. However, the position can change if settlement of the claim cannot be agreed and the matter is ultimately referred to the Upper Chamber (Lands Tribunal) for determination.

237
Q

Talk me through the Betterment case in Harlow

A

I had to assist with a compesation settlement for land acquired.

In order to mitigate the loss of land and I and the engineers came up with accomodation works that essentially replaced the parking area elsewhere in the units

I carried out a before and after assessment and established that the remianing land had increased in value so no compesation was payable

238
Q

How do you choose which method to use?

A

Client objectives
Desired timescale
Public accountability
Current and likely future market

239
Q

What is a sale by private treaty?

A

Parties are free to negotiate on their own time, without commitment in the open market.

It is the most popular method.

240
Q

What are the pros and cons of private treaty?

A

A
Pros:

flexible
parties control the process
no obligation to sell
confidential

Cons:

potential for gazumping/gazundering
late decisions not to buy
associated abortive costs

241
Q

What is informal tender?

A

It’s an invitation to submit best offers by a specific deadline

It’s a flexible sale process because allows further negotiations as the vendor is not obliged to accept the highest offer

242
Q

What are pros and cons of informal tender?

A

A
Pros:
- Enhance competitions between sellers and brings negotiation to eventually an end

Flexibility, as it allows further negotiation and allows the vendor to have more control of the sale process and timescales
Limited upfront costs given that a informal tender can be triggered without a full legal pack

Cons:
- can be difficult to manage bids as they are not legally binding
- parties may have insufficient time to arrange lending facilities

243
Q

What is requested in an email for best and final bids?

A

Deadline for bids
name of applicant
Finance arrangement, with solicitor cover letter
condition attached
specify which type of offers are strongly desired
that the vendor reserve the right to not accept the highest offer

244
Q

What information goes in a legal pack?

A

Title deeds: to prove ownership
Reports on inquiries
Leases and other tenancy agreements
Other property information, including it fixtures and fittings
EPC
Contract for Sale and other documents with conditions attached (if it’s a formal tender)

245
Q

Explain what is a formal tender? and roughly what it involves?

A

It’s a similar process to the informal tender (so invitation to bid), however, parties must submit their offer through a prescribed form and provide the necessary deposit when placing their bid, so it becomes a legally binding process if one of the bids is formally accepted by the vendor.

The bid is sealed and will be opened in front of the vendor together with all the others bids, and there’s no opportunity to increase the bid

246
Q

What is the difference between a formal tender and an informal tender? can the vendor include some right against highest bids?

A

Formal tender:
- By selecting a bid, under a formal tender, the vendor can potentially enter into a binding contract; and there is no opportunity to further increase the bid once submitted;

Informal tender:
- Does not legally bind the parties to the sale until contracts are exchanged and there is an opportunity to further negotiate the bid

Both methods can reserve the right of not accepting the highest offers.

247
Q

What are the pros and cons of formal tender?

A

Pros:
- completely transparent and accountable

Cons:
- no flexibility
- need to prepare various documentation (full marketing material and legal pack) ahead of the sale so can be costly

248
Q

What is an auction? what party need to do and is it legally binding?

A

It’s a public sale where the property is offered to the highest bidder.

Parties will need to register before bidding and will be allowed to inspect the property before the auction day.

The contracts are potentially exchanged at the fall of the hammer.

249
Q

What are the actions that a seller must do before putting a property on auction?

A

Needs to:
- Provide legal pack
- Fix a reserve price below which the property will not be sold
- Prepare the auction particulars in line with CPR

250
Q

What are the actions that an interested party must do before bidding on a property on auction?

A

Arrange a 10% deposit
Undertake an AML

251
Q

What are the pros and cons of auction?

A

Pros:
- It’s useful to use for achieving a quick sale,
- It gives certainty that the price will only be sold if the reserve price is reached
- Useful for selling unusual properties which are difficult to value

Cons:
- Costs of promotion and publicity
- Lack of confidentiality over price achived
- Cannot choose the purchaser

252
Q

What must agency instruction agreements include?

A

Agency basis (sole / joint)
Agency rights (sole selling / sole agency)
Proposed fee
Marketing costs & disbursements
Confirmation of no COIs
Money Laundering regulations requirements
Timescale for the payment of fees and disbursements
Details of CHP

253
Q

What goes into Heads of Terms?

A

Vendor
Purchaser
Property & Adress
Tenure
Purchase price
Legal costs (each party responsible for their own ones)
VAT details
Timetable (exchange, completion etc)
Conditions
Solicitors details

254
Q

What are the commercial SDLT rates?

A

£0 - £150k = 0%
£150 - £250k = 2%
£250k + = 5%

255
Q

What items are typically in marketing?

A

EG
Data Room
Photography
Planning briefing paper
Promap plans

256
Q

How can fees be set up in a agency instruction?

A

Fixed fee
Percentage fee
Tiered fee: different fees for different levels of service
Hourly fee
Performance fee: incentive to finalise the deal by a certain period

257
Q

When does the EA Act apply?

A

Applies during the sale or purchase period and applies to any:
Disposal or acquisition of an interest in land
Freehold property
Leasehold property with a capital value
land as well as buildings

258
Q

What are the SEVEN key points which the Estate Agents Act 1979 promotes (CHOALK)?

A

The act ensures that agents act with:
- Clarity as to the terms of the agency (Section 18)
- Honesty and accuracy
- Agree in advance liability for costs
- Are Open regarding personal interest (Section 21)
- Do not act with discrimination
- Legal obligation to tell client about offers received
- Keep clients’ money separate

259
Q

What typical clause would you include regarding to agency rights and fees? explain each of them?

A

Sole Agency rights: fee will only be owed if the agent introduced the buyer (during contract period only)

Sole Selling rights: fee will be owed regardless of whether the agent introduced the buyer - additionally, a fee is due after rights period ends if the purchaser/tenant was originally introduced by the agent.

Ready able and willing purchasers’ clause: an abortive fee is due to the agent if the an applicant is ready and able to proceed with a purchase, but the client decides to withdraw

260
Q

What are the 3 agency bases? Can you briefly describe them?

A

Sole: exclusive rights appointed to one agent
Joint: two agents are appointed to act together and the fee is split on a pre-agreed basis
Multiple: more than one agent is appointed but only the agent who finds the buyer is paid a fee
Defined in EEA 1979

261
Q

What must you do according to Section 18 of the Estate Agents Act 1979?

A

Specify all costs/fees in advance, in writing in the Terms of Business
Itemise all payments - no global budget is allowed

262
Q

What must you do according to Section 21 of the Estate Agents Act 1979? expand?

A

Disclose any personal interest - a “connected person” is someone who benefit financially from the transaction such as a relation or business associate

Any personal interest should be declared on the ToE as a minimum and if appropriate not continue to act

263
Q

Who polices the EA Act 1979?

A

Trading Standard Estate & Letting Agency Team (Operated by Pows County Council, who work closely with LA that have enforcement responsabilities)

264
Q

What are the penalties for non-compliance with the Estate Agents Act 1979?

A

Prohibition order to prevent the agent practicing
Warning order gives an agent a written warning not to undertake the action again

265
Q

What items would you include in a general ToB for agency work?

A

Agency Basis (Sole/joint agency)
Agency rights (sole selling or sole agency rights)
Proposed fee
Marketing costs and disbursements
Confirmation of no conflicts
Money laundering checks requirements
Timescale for the payment of fees & disbursements
Complaint Handling procedure details

266
Q

What actions you may include as part of a property acquisition instruction?

A

Check for competence and interest
AML check
Agree ToE
Establish the client client’s objectives and parameters
Consider technique to find properties (cold calling, advertising, websites etc)
Measurement and valuation
Check planning/use/conditions
Due diligence checks in respect of asbestos, title, contamination, flooding, covenant strength and potential arrange for detail survey to be taken
Check for any rent or service charge arrears
Negotiation and instruction of solicitors
Conditional contracts to be arranged if necessary

267
Q

What are the key principles of the RICS UK Commercial Estate Agency Professional Statement (2016)?

A

Mandatory Professional Statement for RICS members.

Provides mandatory standards for those involved in agency work.

Has 12 core principles:

Act in an honest, fair and transparent manner
Ensure client’s are provided with Terms of Business
Do upmost to avoid conflicts
Have adequate PII
Do not discriminate unfairly any dealings
Also advices on key agency matters i.e. acting ethically, securing instructions, marketing, gifts etc.

268
Q

What is the Misrepresentations Act (1967) about? what duty is place on the agent? and what protection measures can the agent adopt?

A

Summary:
Relates to the misrepresentation or a fake statement made by a party during pre-contractual inquiries.

Duties:
- Agent has a duty of care to check the advice and information given

An agent must not give misleading information which may induce the party to purchase the property.
Disclaimers:
- Disclaimer clauses may protect the agent from information included in the marketing particulars, as long as it fair and reasonable

269
Q

What are the three test regarding misrepresentation? what must a party demonstrate for successfully be compensated?

A

Foreseeability (predictability of damage)
Proximity of relationship
Fairness (or reasonable)
The party suing must demonstrate that the other party induce them to enter into a contract through a misleading advice

270
Q

What are the consequences of Misrepresentation act breaches?

A

contract rescinded
sued for damages

271
Q

What are the key principles of the Consumer Protection Regs from Unfair Trading Regulations (2008)?

A

offers broader, non-specific consumer Protection for estate agents agents.
relates to potential buyers and vendors
Extends the duty of care owed to all consumers, including potential clients, viewers, buyers and actual buyers
Need to give accurate and/or necessary ‘material’ information and not make any mis-descriptions.
Agents must declare everything known about the property (good and bad)
Agents can’t put undue pressure on potential buyers.
If something is discovered during the agency process it must be reported to al interested parties
Full due diligence is required for all new instructions

272
Q

What was your reasoned advice with regards to the Land in Upminster?

A

My reasoned advice was:
- Advised:
- an informal tender would be more suitable based on client requirement

I advised on the guide price to be adopted and what type of buyers would be more attracted

Advised that the third highest offer would provide best value, as the offer was made unconditionally by an established and reliable party with verified funding

273
Q

What was your reasoned advice with regards to the Land acquisition in Harlow?

A

My reasoned advice was:
- I advised on the strategy to adopt, in which more than one land could be identified in order to reinforce our negotiation position
- Give an opinion of likely value of land
- Negotiate the acquisition on the land with one of the landowner based on terms suitable to my client

274
Q

In relation to the Florence Resi sale, what was the reason for deciding to use a private treaty for the sale?

A

For a number of reasones:
- it would allow my client to test the market place and adjust accordingly prices, marketing, strategy etc, so more control of process and timescale

  • Given the number of asses to be sold, this method allows for several negotiations to run in parallel while kept discreet and confidential
275
Q

In the resi sale in Italy, what did the affordability assessment say? who prepared it?

A

I reviewed the affordability assessment report prepared by a registered broker which contained the salary of the interested party, likely scenario of costs (mortgage rates and other expenses) and a confirmation that the party was able to obtain a mortgage for the purchase price agreed.

276
Q

With regards to the resi sale in Italy, what due diligence did you do with the respect to the potential purchaser?

A

A Customer Due Diligence which consisted in:

Reservation Fee
Obtaining purchaser details, such as name, address etc
Proof of ID
Proof of address, a utility bill or bank statement from the previous 3 months

277
Q

With regards to the sale in Upminster, what due diligence did you do with respect to the purchaser?

A

Legal name of the organisation
Company registration number
Meet with the purchaser and have evidence that the person I am dealing with has delegated authority to purchase
Obtain purpose and nature of the transaction, to ensure is consistent with purchaser business profile
Address of registered office
Structure chart of ownership, directors, shareholder holding more than 25%
any ultimate beneficial owners

278
Q

In what ways are you able to find out the ultimate beneficial owner of a company?

A

By making reasonable endeavors with the client
Or by looking for the “Person of Significant Control” on Company House

279
Q

What are the practical checks that you need to do if you are approached from a company which operates in various countries?

A

Meet the potential purchaser in person
Obtain and verify client’s identification
check if potential purchaser is a PEP or a close associate or family member of a PEP
Check if the potential purchaser is under relevant sanctions (through Gov Consolidated Sanction List)
Check what other countries the company operates in to ensure these are not high-risk
Ascertain the purpose of the transaction to ensure it’s consistent with the transaction
Regularly monitor if the purchase goes ahead

280
Q

What type of disposal routes on the Tunbridge Wells did you consider?

A

Uncon Sale with Pre-App
Uncon Sale with Planning Consent
Conditional (STP) Sale
Join Venture

281
Q

What was your SWOT analysis in TW?

A

S: Central location, and strong appetite from a number of potential purchaser, Housing Associations and BTR funds
W: Present in conservation area, therefore limitation in development and higher construction cost to achieve required standard
O: Potential redevelopment through permitted development rights
T: Rising build costs and housing market

282
Q

What would a typical time line for disposing Tunbridge Well and Land sale in Upminster?

A

Agree ToE, marketing particulars and price

Pre-Marketing: collate info re site, commission any survey required and upload the info into a bespoke data room

Marketing period: Data room goes live, contact the targeted parties, undertake viewings, populate the database with parties that visit the dataroom, provide regular udates, invite interested parties to submit offer

Evaluation: evaluate bids, AML checks, Interview selected party, provide recommendation to the client

Agreement and monitoring: Issue HoTs and instruct solicitor, review legal docs and assist solicitors through the entire period

283
Q

What should an offer for an informal tender contain?

A

Purchase Price
Source of funding and cover letter from the solicitor
Track record of their business and developments
Any terms and conditions attached to the offer

284
Q

What Local Plan is adopted in TW?

A

It’s formed by Local Plan (2006), Core Strategy (2010) and Site Allocations Local Plan (2016)

285
Q

What uses were included in the TW appraisal scenarios? Did you slect one in particular?

A

Various scenarios which included uses such as residential, retail and office space; However the one selected consisted of :

75% Resi
15% Retail
10% Office

286
Q

What is a connected person under the Estate Agents Act (1979)?

A

Someone who could benefit financially from the transaction, such as a family member or a business associate

287
Q

What are the penalties for breaching the Consumer Protection from Unfair Trading Regulations (2008)? and who is it policed by?

A

It consist in a criminal offence:

Unlimited fine
Prohibition Order
Up to 2 years in prison.
Policed by Local Authority

288
Q

Q
Name an example of disclaimers that can be used for protecting agents from claims?

A

The particulars are set indicative and do not constitute part of, an offer or contract
All info included in the particulars are believed to be correct but any interested party should not rely on them and must undertake their own investigations
None of the utilities have been tested and cannot give warranty to their operations or efficiency
We have not made any enquiries to the LPA, therefore prospective buyers should rely on their own due diligence

289
Q

What information should be included into brochures? and what regs this need to be comply with?

A

Property description
Property address
Property price
Floor plans
Photographs
EPC
Tenure: frehold/leasehold
Local amenities

The info provided must be accurate, fair and transparent and statement are based n reasonable grounds (not misleading).

290
Q

What governs marketing signage?

A

The Town and Country Planning (Control of Advertisement) Regulations 2007

291
Q

How many boards are allowed for commercial properties and how long after this must be removed?

A

Only 1 board allowed for commercial properties.

Must remove signs 14 days after completion.

292
Q

What is the maximum size for agent signage? and what is the maximum height and projection they can erected?

A

Non-residential boards under:
2sqm (flat)
2.3sqm (v-board)

Residential boards under:

0.5sqm (flat)
0.6sqm (v-board)

Must not project more than 1 mt from the face of the building & not above 4.6 mt from ground in a safe condition

293
Q

What happens after the HoTs are agreed?

A

The surveyor needs to support the client and solicitor in completing the sale:

Assist the solicitor with title investigation
Assist the solicitors with all Commercial Property Standard Enquiries (CPSEs)
An indemnity policy may need to be granted
Transfer deed
Establish Exchange and completion date
Registration and SDLT

294
Q

What physical DD are you expected to when selling?

A
  • Land registry title
  • Site inspection
  • Lease summaries
  • Floor areas
  • Contact with tenants (CoI)
295
Q

What goes into a marketing appraisal/report?

A
  • Location description
  • Description of property and areas
  • Boundaries and ttile description
  • Any RoW and easmenets, leases
  • Contamination or environmental issues
  • Current use and potential
  • Repair condition of property
  • planning info
  • Market assessment
  • EPC
  • Recommendations
296
Q

What does a set of public limited company accounts include (statement, report, account, sheet, c report, r report, other)?

A

Chairman’s statement
Independent auditor’s report
Income statement (profit and loss account)
Statement of financial position (balance sheet)
Corporate governance report
Remuneration report
Other statutory information

297
Q

What does a balance sheet (statement of financial position) show, and what are typical assets (4), and liabilities (4), when typically dated?

A

Statement of the business’s financial position showing its assets and liabilities at a given date, usually at the end of a financial year
* Assets: cash, property, debtors and other investments
* Liabilities: borrowings, overdrafts, loans and creditors

298
Q

What does a profit and loss account (income statement) show/demonstate, when/where found?

A

– A summary comparing a business’s income (revenue) and outgoings (expenditure) statements (usually annual)

Demonstrate how the revenue is transformed into the net income - how the actual income the business receives transfers into profit for the year.

On statutory accounts

299
Q

What are management accounts?

A

Prepared for internal use by the business and are not audited - help info internal decision for the company

300
Q

Who are audited accounts prepared by?

A

Chartered or Certified Accountant

301
Q

What IFRS stand for?

A

International Financial Reporting Standards

302
Q

What does IFRS 16 require companies to do? What do you know about IFRS 16 (effective from, why introduced, difference in recording info, definitions)?

A

Full cost of the lease has to be accounted for on the balance sheet. Occupiers obligation to pay rent will have to be recognised as a liability

Effective after 1 January 2019.
Brought in as transparency measure.
All leases over £500/12 months now recorded on balance sheet, as NPV of the full lease cashflow.
- New definitions of financial metrics e.g. Gearing ratio and EBITDA

303
Q

What is a covenant strength?

A

Ability of a tenant to meet the covenants of the lease. Includes rents, service charge, repairing and insuring obligations and statutory obligations

304
Q

What is the difference between current and non-current assets (balance sheet)?

A

Current = to be converted to cash within 1 year, e.g. a property sold soon.

Non-current = not likely to be converted to cash within 1 year e.g. trademarks, property, plant and equipment

305
Q

What is the difference between Management Accounts and Audited (Company) Accounts, and what are Statutory Accounts?

A

Management – prepared for internal use by a business and are NOT audited

Statutory – mandatory for limited companies, generically formatted, requested by HMRC

306
Q

What is UKGAAP?

A

Generally Accepted Accounting Practice in the UK (UK GAAP) - body of accounting standards published by UK’s Financial Reporting Council (FRC).

307
Q

Why is it important to assess the covenant strength (think about valuer responsibilities)?

A

Affects the perception of risk; particularly in relation to default on leases financial commitments. Knowing a prospective tenant’s covenant strength can help to mitigate risk and help a valuer to comment on suitability for lending.

308
Q

How do you communicate covenant strength to the client/with what limitations?

A

We on the general market perception of the tenant not on specific aspects

309
Q

Where is the Net Profit found in the financial accounts?

A

On the profit and loss accounts (income statement)

310
Q

What info does D&B gives you and what is the ranging score on D&B?

A

Provides a report on company reliability and financial stability.

It provides the size and financial strength (5A-H) and a number for risk of business failure (1-4).

Other letters used are N - Negative net worth, O - net worth undetermined, NB - new business and NQ - business no longer trading

311
Q

What info does D&B report include?

A
  • Company profile
  • Business activities
  • Company risk and failure score
  • Delinquency score (ability on making payments)
  • Paydex (how quickly payments are made)
  • Rating (Financial strength and risk indicator)
312
Q

Where does D&B gets its info from?

A
  • Comapny House
  • Trade payments from suppliers and vendors that report their experience
  • Other public records
313
Q

What is an Asset?

A

Asset - things the business owns that you get a future benefit from e.g. physical assets like property and non-physical assets like brand and goodwill.

314
Q

What is a liability?

A

Liability - amounts a business owes due to past transactions e.g. wages and loans

315
Q

Which reporting framework do public limited companies have to comply with?

A

UK public listed companies adopt IFRS as their financial reporting standard. (Some listed companies are requirement to adopt this).
IFRS 16 from 1st January 2019

316
Q

When are audited accounts needed (exemptions) and why?

A

Under the Companies Act 2006 private limited companies are required to have their accounts independently audited on an annual basis. This is subject to an existing exemption for small businesses.

317
Q

What is meant by depreciation in relation to an asset?

A

Depreciation is the systematic reduction in the recorded cost of a fixed asset. Examples of fixed assets that can be depreciated are furniture and IT equipment.

318
Q

What does the term liabilities mean to you?

A

Any outstanding costs which are yet to be paid.

319
Q

What is the definition of Gross Profit?

A

Gross profit is the revenue less cost of goods sold.

320
Q

What is the definition of net profit?

A

Net profit is often referred to as the bottom line, calculated by subtracting a company’s total expenses from the total revenue. It shows what a company has earned over the period.

321
Q

What is the definition of EBITDA?

A

Earnings Before Interest Tax Depreciation and Amortisation (and Rent)

322
Q

What are the 3 parts of a company balance sheet, and how are the assets/liabilities listed (order)?

A

3 parts:
Assets
Liabilities
Ownership Equity

Main categories of assets usually listed first, and typically in order of liquidity. Assets are followed by liabilities.

323
Q

What is a special purchaser?

A

It’s a buyer who is willing to buy an asset at price over and above its MV, for specific objectives

324
Q

Describe TW

A

TW was an office block with serval opportunities to be redevelop and achieve a mixed use scheme.

I appraised the site with various potential outcomes and the GDV generated by each to understand what sort of developer would be more interested

I then gave various disposal routes scenario such as:

Uncon with pre-app: strict disposal timeframe, quick bankable figure, but risk of not maximizing site value

Uncon with planning consent: more control over the planning process and enhance value but could be costly, longer and project not suitabel to all

STP sale: Higher value achieve but no control over the planning process and timescale

JV: more control over the process, developer liable of planning costs, share of future profits on pre-agreed basis, but very complicated and not suitable to all developers

325
Q

What are the pillars of suistainability? ow do you realise that?

A

Economic, Enviromental and social

When looking at developement appraisal:

Social: look at planning policy and come up with a tenure mixture that satisfy local needs
Environmental: I have consideration of energy efficiency, renewable materials and construction process to reduce carbon footprint
Economic: Need to consider the viability of site

326
Q

can you tell me more about MEES and commercial properties? when was this introduced?

A

Minimum Energy Efficiency Standards (MEES) requires privately rented non-domestic properties in England and Wales to have a minimum Energy Performance Certificate (EPC) rating of E, unless the property qualifies for an exemption.

This regulation was introduced on April 1, 2018, and applies to all existing tenancies from April 1, 2023.

327
Q

What is EPC?

A

The EPC rating is a measure of a building’s energy efficiency, with A being the most efficient and G being the least efficient.

328
Q

What types of improvements can be done to a property for improrving an EPC?

A

could include measures such as installing insulation, upgrading lighting and heating systems, or improving air tightness.

329
Q

What are the exemption that can allow landlord to fall outside the MEES regs?

A

Last for 5 years:
- when the improvments costs do not meet a 7-year payback (require 3 quotes)
- when the property devalue of 5% or more if improvments are implemented
- when a landlord who spends the full £3,500 on a property is unable to bring the rating up to E

Permanent:
- Where the tenancy is less than 6 months with no security of tenure
- Where the tenancy is for more than 99 years
- Industrial units or workshops with a low energy demand (e.g. no heating or cooling)
- If a building does not need an EPC
- Places of worship

330
Q

What are the penalties for non-compliance with MEES (+- 3 months, %/max. penalty)?

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

331
Q

What are the EPC requirements for marketing (commissioned, responsibility, particulars, online)?

A

Ensure the EPC is commissioned BEFORE marketing. However, EPC can be in some instances commissioned within 7 days of the commencements of marketing (28-day limit for procurement if after using all reasonable efforts the EPC cannot be obtained within 7 days)
Agents are responsible for procuring EPCs
The EPC rating must be displayed on property and advertisements as a numerical rating, and not just the energy efficiency band (e.g. A, B, C, etc.). Where space allows, the graph should be shown as well
All online marketing material must have a link to the EPC to show the front page of the EPC

332
Q

What is included on the front page of an EPC (A, FA, C/RRN, TI, E RC, R, B)?

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

333
Q

Who undertakes an EPC assessment?

A

The EPC must be carried out by an accredited energy assessor.

334
Q

What is a BREEAM rating, and when commonly required currently?

A

A voluntary environmental assessment tool to rate new and refurbished commercial and residential buildings.

They are commonly being required to support planning applications

335
Q

What is and what is included in the UK Green Building Council (UKGBC) framework to achieve a net zero carbon building?

A

UKGBC and RICS have partnered up to come up with a data base that helpidentify where carbon reduction can be made throught the constrcution progress.

Improvements relate to:

Reduce Construction Impacts – developers need to focus on changing the material they use as well as building (and their systems’) designs

Reduce Operation Energy Use – landlords need to consider how to best retrofit efficiency measures into their buildings and how to work with occupiers to make these work

Increase Renewable Energy Supply on-site and offsite
Offset any Remaining Carbon – e.g. planting trees. This is the last resort

336
Q

What is the Brundtland report/published when/whom/defined what?

A

Published in 1987 by the UN. Defined the principles of sustainable development.

337
Q

What is the definition of sustainability?

A

“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

338
Q

Under what legislation is an EPC required?

A

The Energy Performance of Buildings (England and Wales) Regulations 2012 under the Energy Act 2011.

339
Q

What is a green lease?

A

Where the l/l and tnt agree to have green terms written into a lease. These are rarely used in practice.

340
Q

How does the energy efficiency affect the value of a property?

A

It will affect the property firstly in terms of its desirability to a tenant or buyer.

MEES may have resulted in capital deductions included with valuations of EPC F & G rated properties.

341
Q

What is the 2022 RICS sustainability report about?

A

The report collected the sentiment of 4,000 professionals over 30 countries and highlighted the increasing need for sustainable strategies across the built environment to meet net zero commitments.

The report focused on the built environment’s role in addressing climate change and sustainability issues. It highlighted the need for the property sector to take a leadership role in achieving net-zero carbon emissions by 2050, and outlined RICS’s efforts to promote sustainability through research, education, and professional standards.

342
Q

What is ESG?

A

ESG stands for - Environmental - Social - Governance, and it’s a framework to evaluate the sustainability and ethical impact of companies, investments and other organisations.

ESG measures issues such as:
- CO2 emissions
- waste management
- Diverity in workplace
- business ethics
- excutive compensation

343
Q

What is the RICS doing to improve sustainability? and Why? what is the built enviromental impact on CO2?

A

With the built environment estimated to be responsible for around 40% of global carbon emissions, RICS is taking a proctive apprach to incorporate sustainability into practices. Some of the initiatives include:

Updated the Red Book’s VPS2 & 3 and VPGA 2 & 8 section for enabling valuers to give increase consideration to sustainability aspects when valuing property
Conducting research on climate change issues (The 2022 RICS sustainability report, Cities Climate Action report)
RICS is committed to supporting global sustainability goals, including the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement on climate change.
Introduced courses and guidance such as RICS Certificate in Energy Management and Inclusive Environments Guide
introduced initiatives and guidance to support sustainability in property management, such as RICS Responsible Business Guidance for Commercial Property, Sustainability and ESG in commercial property valuation (2021), 3rd Edition

344
Q

Give an example of RICS guidance on sustainability?

A

Guide Note: Sustainability and ESG within Commercial Property Valuation (2021)

345
Q

Why ESG is a Hot Topic?

A

It is becoming increasingly important in the business world as companies are expected to take responsibility for their impact on the environment, society, and their own governance.

The ESG framework can also help companies identify and manage risks and opportunities, and improve their financial performance over the long term.

346
Q

What are LSH sustainability objectives?

A

LSH have recently joined Planet Mark’s program which aims to achieve Net Zero by 2030.

347
Q

What does Carbon Zero means?

A

Net Zero means achieving a balance between the amount of CO2 emission produced and the amount removed from the atmosphere.

To achieve Carbone Zero an entity needs to start by reducing GHG emission through renewable enerergy and other measures and then offset the remaining emissions by investing in carbon removal projects such as reforestation, carbon capture etc.

348
Q

What do companies need to ensure within their work place to comply with the H&S at Work 1974 (4)?

A

Duty to every employer to ensure safety and welfare at work of all employees

Must report injuries and dangerous occurrences (1995 regs)

Must undertake, record and regularly review a risk assessment (1999 regulations)

H&S information is to be held on site, usually in the Operations & Maintenance Manual

349
Q

What are the 5 steps of a risk assessment?

A

identify hazards present
identify the people at risk
evaluate the risk, considering the likelihood and severity of any accidents; and existing controls in place should be identified and evaluated
Record the findings on a suitable form
review the risk assessment regularly

350
Q

If during an inspection you notice the presence of asbestos?

A

If I think that presence of asbestos constitutes a serious and immediate risk to health, I am required to inform the person in control of the premises asap and advise them on the emergency measures required and who to contact.

351
Q

What building regulation relates to usability of buildings?

A

Part M - Access to and use of buildings

352
Q

What is the Equality Act 2010?

A

The Equality Act 2010 is designed to legally protects people from discrimination, promote fairness and provide equal opportunities in the workplace and in wider society.

It identifies a number of protected categories (9).

353
Q

What are the nine protected characteristics of the Equality Act 2010?

A

1-Age
2-Disability
3-Gender reassignment
4-Race
5-Religion or belief
6-Sex
7-Sexual orientation
8-Marriage and civil partnership
9-Pregnancy and maternity

354
Q

What is the definition of an inclusive environment?

A

An inclusive environment recognises and accommodates differences in the way people use the built and natural environment. It facilitates dignified, equal and intuitive use by everyone

355
Q

What is meant by the term unconscious bias ?

A

The perception we make of others subconsciously or stereotypes of people which have an impact on our decision making - leading often to unfair decisions.
These perceptions are often caused by our upbringing /background, personal experiences, societal stereotypes and cultural context.

356
Q

What factors would you consider under inclusive environments ?

A
  • Welcoming to everyone
  • Responsive to people’s needs
  • Intuitive to use
  • Flexible
  • Offer choice when a single design solution cannot meet all user needs
  • Convenient so they can be used without undue effort or special separation and so that they maximise independence
357
Q

Under the Equality Act 2010, what parties have duties? What are those duties?

A
  • Service providers: to make reasonable adjustments to ensure their services are accessible to people with disabilities
  • Employers have a duty to eliminate discrimination, harassment and victimisation in the workplace
  • Public Authorities: have a duty to consider their policies and ensure they provide equality
  • Education providers: similar to the above
358
Q

What are the different forms of discrimination?

A

Direct Discrimination
Indirect Discrimination
Harassment
Victimisation

359
Q

What does a “reasonable requirement” mean in relation to the Equality Act 2010?

A

The action is financially viable and practical

360
Q

What are the reasonable adjustments?

A

Reasonable adjustments are changes or adaptations that for example enable disable people to access a service or to carry out their work on an equal basis

I.e.
- Physical adjustments: ramp
- Technological adjustment: assistive technology
- Policies

361
Q

Can you give an example of unconscious bias?

A

For example beauty bias, if someone comes into the office every day with their hair unkempt, you might assume that they are lazy or careless. Likewise, you might assume that an attractive, well-dressed colleague is more organised and professional.

362
Q

How do you address unconscious bias?

A
  • Be self-aware – internal dialogue
  • Slow-down decision making – use a step-by-step approach
  • Reconsider the reasons for decisions
  • Monitor each other for unconscious-bias – have someone else check your reasoning
363
Q

What is diversity?

A

Diversity is about recognising that we are different from each other. It is acknowledging the benefits of having a society and workforce made up of people with different qualities.

364
Q

What is inclusion ?

A

Inclusion goes beyond simply having a diverse workforce. Inclusion:
* giving everyone equal opportunities
* encourages us to value each other’s differences and work towards creating an environment where everyone can reach their full potential and feel that they belong, irrespective of their differences
* encourages us to appreciate and promote the unique qualities, characteristics that everyone has to offer

365
Q

What are the benefits of diversity and inclusion?

A

Building a workforce of people from a wide range of backgrounds and skills to enhance the working environment, the health and wellbeing of staff, and drive engagement, creativity and innovation and problem solving.

366
Q

How do you promote inclusion?

A
  • Use inclusive language to promote respect and inclusivity.
  • Encourage people to offer different perspectives, and praise and celebrate each other’s accomplishments.
367
Q

What is the difference between conflict avoidance and conflict management?

A
  • Conflict avoidance is when you do not accept the instruction.
  • Conflict management is where you accept the instruction and steps are agreed and put in place to manage the conflict such as information barrier. A written agreement is required to establish a conflict management.
368
Q

can you name some of the advantages of Alternative Dispute Resolution ?

A
  • Speed – takes less time than lengthy court proceedings following the Civil Procedure Rules
  • Confidentiality
  • Cost – less money spent on professional fees for litigation
  • Quality of decision making – as outcome or award can be made by a surveyor rather than a judge
  • Informality – outside a court
  • Greater opportunity for negotiation
369
Q

Can you give me some characteristics/elements of mediation?

A

A neutral mediator is used to facilitate discussions.

It is informal and confidential.

Parties are not bound by the decision.

Conducted on a ‘without prejudice’ basis.

RICS Guidance Note ‘Mediation’ 2014.

370
Q

What are the characteristics/element of arbitration?

A
  • Arbitrator have specialist knowledge
  • They rely on evidence presented by the parties so these are more involved
  • Can involve a hearing
  • Their decision is binding but the decision can be overruled by the court of Appeal
  • Often chose for a making a decision on a broad range of disputes, damages or contractual breaches
  • Cannot be sued
371
Q

What are the characteristics/element of Independent Expert Determination?

A
  • In expert determination a third party is appointed (expert)
  • They can review evidence but will often rely on their experience to determine an outcome, so parties have a more limited role
  • Decision is based on a written submission so less formal
  • Parties are bound by the decision
  • Often chose for a making a decision on a particular area (i.e. lease renewal, valuation)
  • Can be sued
372
Q

What are the various forms of DR?

A

Negotiation
Mediation and Conciliation
Expert Determination
Adjudication
Arbitration
Litigation

373
Q

What is DRS?

A

It’s an RICS department that offers various ADR mechanism to help parties resolve thier dispute; DRS offers a range of ADR including Expert determinatin, mediation etc

374
Q

Can you name some of the RICS approved ADR / Ombudsman bodies ? Where would you find this information ?

A

Centre for Effective Dispute Resolution
The property Ombudsman
The property Redress Scheme
Financial Ombudsman Service
Local Government Ombudsman
Adjudicators Office
Contained within the RICS Guidance Note - ‘Complaints Handling’ 1st Edition 2016

375
Q

Name some of the ADRs relevant to your work? and give a brief description.

A
  • Mediation: a trained mediator is appointed to facilitate the discussions with the goal of reaching a solution
  • Expert determination: A third party, expert in the subject, is appointed to resolve a dispute
  • Arbitration: A third party makes a binding decision on the dispute