Key Questions Flashcards
Rics principles for better regulation
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
Role of the RICS
M. Maintain the height level of education and training
P. Protect customers through regulation
L. Leading source of advice and information on land property and construction
What must a firm do to register with the RICS / same for annual return
- Confirm type of business and staff details
- Name of Responsible individual
- Statutory regulated activities
- Confirm nature of clients
- Complaints handling procedure details and records
- Professional indemnity insurance details
- Whether the firm holds client money
Closing a practice
- Inform the RICS
- Inform clients and make appropriate hand over arrangements
- Return client moneys
- Procure run off cover for min. 6 years
- Keep client records and files for min. 6 years
Role of responsible principle
To ensure all reasonable steps are taken to comply with the RICS
Starting a new practice- RICS compliance procedure
- Inform RICS
- Appoint responsible principle
- Prepare CHP
- Arrange PII and share details
- Client money handling procedure
- Register for RICS VRS if red book work
- Appoint complaints handling officer
- Comply with logo requirements
- Abide by rules of conduct for firms
Bichard review purpose
Clarify purpose of RICS
Assess culture and strategy
Confirm responsibilities to the public
Recommendations of Bichard review 2022
5 key themes
- Governance
- Strategy
- People
- Member service
- Culture and values
Rics 5 future foundations
- Vision
- Mission
- World class organisation
- Values
- Strategic goals
Cinema SWOT
S - prime location, established retail park, FH
W- limited public transport, some vacancy on the park
O - further expansion of the site as large car park
T - new competition, further vacancy on the park, reputation risk, operational disruption
Cinema SWOT
S - prime location, established retail park, FH
W- limited public transport, some vacancy on the park
O - further expansion of the site as large car park
T - new competition, further vacancy on the park, reputation risk, operational disruption
MEES
Minimum energy efficiency requirements
From April 2023
All properties must have an epc of E to be let
Expected MEES changes
2028 - c
2030 - b
What allows a cooling off period of 14 days post date of agreement
Consumer rights act 2015
Action by the head of regulation
- Fixed penalty notice
- Regulatory compliance order
3 refer to single member of regulatory tribunal - Disciplinary panel
Penalties on offer to disciplinary panel
For more serious breaches of conduct -
- Regulatory compliance order
- Reprimand
- Fine
- Unlimited fine per breach
- Condition on future registration
- Expulsion
- Publication of hearing in modus
Fixed penalty
Breach relating to the supply of information to the rics - fine or caution
Regulatory compliance order
Low level breaches - written actions required to be taken and agreement to pay a fine
Complaints handling - rics info
Rics guidance note on complaints handling 2016
Requirements of guidance note on complaints handling 2016
- Must have published CHP
- TOE issued with reference to CHP
- Always notify PII insurers when receive a complaint
- Must have ADR mechanism in place
- Complaints log maintained
Limitation Act 1980
Limitation period for negligence
Contract - 6 years from negligent act
Tort - 6 years from the date the claimant suffered loss
Is PII required for pro bono work
Yes
What to do if can’t secure run off
Apply to the RICS run off pool
What are the 6 main areas of good practice detailed in rics professional standard client money handling 2019
- Handling clients money
- Providing information to clients
- Recipes of client money
- Payments from client accounts
- Accounting records and controls
- Compliance