Key Acts / Regulations

Question 1

Misrepresentation Act (Date?)

Answer 1

1967

Mistatements made during pre-contractual enquiriesto induce party into bidding

Civil offence - actionable by tort - so not policed

Sued for financial damages and/or contract rescinded

Question 2

Estate Agents Act (Date?)

7 Principles?

Answer 2

1979

During sale/purchase of FH & LH property

Acting dishonesty - no clarity of ToE. Not telling client of offers.

Warning order / and/or fine

National Trading Standards Estate Agency Team

Question 3

Consumer Rights Act (Date?)

Answer 3

Cooling off period of 14 days

CMA - Competition and Markets Authority

Question 4

Consumer Protection Regulations (Date?)

Answer 4

2008

During sales and lettings process - not treated customers fairly / misleading information

Criminal offence governed by Competition and markets authority

Unlimited fine and prison up to 2 years

Question 5

Bribery Act (Date?)

4 Principles
4 Offences

Answer 5

2010

Offence for anyone in UK to pay/receive a bribe, directly or indirectly.

Proportionality, Risk Assessment, DD, Monitoring/Review

Giving bribe, receiving bribe, bribing foreign public official and failing to prevent bribe

Criminal offence - unlimited fine and up to 10 years imprisonment

Serious fraud office (SFO)

Question 6

Control of Asbestos Regulations (Date?)

Answer 6

2012

Applies to duty holders to identify and manage asbestos - register and surveys

Criminal offence. Enforced by Local authorities

Fine of up to £20,000 and/or 12 months imprisonment

Serious breach - unlimited fine and 2 years prison

Question 7

Data Protection Act (Date?)

Principles of act
GDPR Rights

Answer 7

2018 - The UK’s implementation of GDPR - data must be used fairly, for specified purposes, accurate, not kept for longer than necessary, handled securely

GDPR Rights

ICO - Information Commissioners Office

Higher of 4% global turnover or £17.5m

Question 8

Equality Act (Date?)

Protected Characteristics?
4 Discriminations

Answer 8

2010 - 9 Protected characteristics

Direct/indirect discrimination, victimisation and harassment

Civil offence with max £5000 fine

Policed by Equality & Human Rights Commission

Question 9

Energy Act (Date?)

Answer 9

2011 - Refers to MEES to deliver a cleaner, more affordable energy systems

Civil Penalties can be imposed on landlords who are in breach of MEES.

Resi- will not exceed £5,000
Commercial property
>£200,000.

Council enforces MEES

Question 10

Health & Safety at Work Act (Date?)

Answer 10

1974

Provision for health, safety and welfare of persons at work

Imprisonment up to 2 years and/or fine up to £20,000

Policed by the Health & Safety Executive (HSE)

Question 11

Proceeds of Crime Act (Date?)

Answer 11

2002

Prevent Money Laundering through freezing and forfeiture of assets

Offences include concealing, arranging and acquiring

Criminal offence - up to 14 years imprisonment and an unlimited fine

Crown Prosecution Service

Question 12

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations (Date?)

Answer 12

Aims to restrict processing of funds to supply terrorists with resources

Criminal offence - up to 14 years imprisonment and an unlimited fine

Policed by HMRC

Question 13

Sanctions & AML Act (Date?)

Answer 13

2018

UK Sanction framework

Detection, investigation and prevention of ML and terrorist financing

Secretary of State

Question 14

Freedom of Information Act (Date?)

Answer 14

2000

Public bodies are required to provide data they hold of individuals within 20 days

Policed by ICO

No penalty - but could be found in contempt of court

Question 15

Land Registration Act (Date?)

Answer 15

2002

Transfer interests in registered land by electronic means. Enables formal documents to be executed electronically

Ciminal - Imprisonment for a term not exceeding 2 years or to a fine

Question 16

Fire Safety (England) Regulations (Date?)

Answer 16

2022

Responsible persons of multi-occupied residential buildings must manage / reduce the risk of fire in structure and external walls

Criminal - Unlimited fines and imprisonment

Policed by Fire and Rescue Service

Question 17

Building Safety Act (Date?)

Answer 17

2022

Reforms to give residents more rights, powers, and protections – improving safety.

Criminal - 2 years imprisonment and unlimited fines

Building Safety Regulator

Question 18

Construction (Design & Management) Regulations (Date?)

Answer 18

2015

Outlines the health and safety responsibilities of various duty holders; client, principle designer and principle contractor

Governed by Health & Safety Executive (HSE)

Criminal - monetary and imprisonment

Question 19

Structure of Surveying Safely and Date?

Answer 19

2018

1. Member responsibilities
2. Relevance to RICS group
3. Assessing hazards/risks
4. Member place of work
5. Hygiene and health
6. Visiting premises/sites
7. Fire Safety
8. Resi property surveying
9. Precurement/mgmt of contractors

Question 20

Scullion v Bank of Scotland 2011

Answer 20

Scullion bought flat in Cobham for BTL purposes and sought finance from BoS who engaged Colleys surveyors to provide valuation

MR was over estimated and Scullion had to sell property

Scullion sued the surveyor, but Court of Appeal overturned decision that it was a commercial transaction and Scullion was a commercially astute borrower and should have instructed an independent valuer.

Therefore, the lender’s valuer did not owe a duty of care to Scullion.

Question 21

Limitation Act (Date?)

Answer 21

1980

Contract - 6 years from negligent act / breach - 15 year long stop date from negligent act

Tort - 6 years from date of claimant suffering loss