Key Questions Flashcards

1
Q

Rics principles for better regulation

A
  1. Proportionality
  2. Accountability
  3. Consistency
  4. Targeting
  5. Transparency
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2
Q

Role of the RICS

A

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

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3
Q

What must a firm do to register with the RICS / same for annual return

A
  1. Confirm type of business and staff details
  2. Name of Responsible individual
  3. Statutory regulated activities
  4. Confirm nature of clients
  5. Complaints handling procedure details and records
  6. Professional indemnity insurance details
  7. Whether the firm holds client money
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4
Q

Closing a practice

A
  1. Inform the RICS
  2. Inform clients and make appropriate hand over arrangements
  3. Return client moneys
  4. Procure run off cover for min. 6 years
  5. Keep client records and files for min. 6 years
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5
Q

Role of responsible principle

A

To ensure all reasonable steps are taken to comply with the RICS

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6
Q

Starting a new practice- RICS compliance procedure

A
  1. Inform RICS
  2. Appoint responsible principle
  3. Prepare CHP
  4. Arrange PII and share details
  5. Client money handling procedure
  6. Register for RICS VRS if red book work
  7. Appoint complaints handling officer
  8. Comply with logo requirements
  9. Abide by rules of conduct for firms
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7
Q

Bichard review purpose

A

Clarify purpose of RICS
Assess culture and strategy
Confirm responsibilities to the public

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8
Q

Recommendations of Bichard review 2022

A

5 key themes

  1. Governance
  2. Strategy
  3. People
  4. Member service
  5. Culture and values
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9
Q

Rics 5 future foundations

A
  1. Vision
  2. Mission
  3. World class organisation
  4. Values
  5. Strategic goals
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10
Q

Cinema SWOT

A

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

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11
Q

Cinema SWOT

A

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

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12
Q

MEES

A

Minimum energy efficiency requirements

From April 2023

All properties must have an epc of E to be let

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13
Q

Expected MEES changes

A

2028 - c
2030 - b

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14
Q

What allows a cooling off period of 14 days post date of agreement

A

Consumer rights act 2015

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15
Q

Action by the head of regulation

A
  1. Fixed penalty notice
  2. Regulatory compliance order
    3 refer to single member of regulatory tribunal
  3. Disciplinary panel
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16
Q

Penalties on offer to disciplinary panel

A

For more serious breaches of conduct -

  1. Regulatory compliance order
  2. Reprimand
  3. Fine
  4. Unlimited fine per breach
  5. Condition on future registration
  6. Expulsion
  7. Publication of hearing in modus
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17
Q

Fixed penalty

A

Breach relating to the supply of information to the rics - fine or caution

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18
Q

Regulatory compliance order

A

Low level breaches - written actions required to be taken and agreement to pay a fine

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19
Q

Complaints handling - rics info

A

Rics guidance note on complaints handling 2016

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20
Q

Requirements of guidance note on complaints handling 2016

A
  1. Must have published CHP
  2. TOE issued with reference to CHP
  3. Always notify PII insurers when receive a complaint
  4. Must have ADR mechanism in place
  5. Complaints log maintained
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21
Q

Limitation Act 1980

A

Limitation period for negligence

Contract - 6 years from negligent act

Tort - 6 years from the date the claimant suffered loss

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22
Q

Is PII required for pro bono work

A

Yes

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23
Q

What to do if can’t secure run off

A

Apply to the RICS run off pool

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24
Q

What are the 6 main areas of good practice detailed in rics professional standard client money handling 2019

A
  1. Handling clients money
  2. Providing information to clients
  3. Recipes of client money
  4. Payments from client accounts
  5. Accounting records and controls
  6. Compliance
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25
What must client accounts be according to RICS Professional Standard Client money handling 2019
1. Kept separate 2. Clearly labelled client 3. Client must be able to have monies on demand 4. Payment of interest agreed and kept in credit 5. Display client money handling procedures on website 6. Payments agreed with two authorised signatories
26
Requirements of RICS Professional Standard: countering bribery, corruption, money laundering and terrorist financing 2019
1. Not offer or accept anything that could constitute a bribe 2. Have procedures in place to comply with the law 3. Report suspicions to serious fraud office 4. Act with due diligence 5. Retain records
27
RICS requirements regarding bribery and corruption ( Professional Standard countering bribery, corruption, money laundering and terrorist financing 2019)
1. Not offer or accept anything that could constitute a bribe 2. Have procedures in place to comply with the law 3. Report suspicions to serious fraud office 4. Act with due diligence 5. Retain records
28
How do u undertake AML checks
Outset of a transaction I request the company to provide me with their company number, registered address, names of company directors I then share this with the compliance department who conduct checks to certify the documentation as well as checking where client money is coming from through validating with banks, checking statements and identically beneficial owners.
29
Crimes under proceeds of a crime act 2002
Concealing criminal property Arrangement Acquisition, use and possession
30
Money laundering, terrorist financing and transfer of funds regulations 2023 key provisions
1. Must have risk assessment 2. Implement systems, policies and controls 3. Appropriate internal controls 4. Training for staff 5. Comply with new customer and enhanced DD requirements 6. AML checks and check source of funds 7. Consider high risk factors for when assessing need for enhanced DD
31
Mees exemptions
1. Building doesn’t require an EPC 2. Industrial units with low energy consumption 3. Where tenancy is less than 6months or more than 99 years 4. Where can be proven improvements would devalue by more than 5%
32
Mees penalties
Less than 3 month breach - max 50k More than 3 months breach - max 150k
33
New mees potential requirements
EPC B by 2030 for all new tenancies
34
Rics commitment to sustainability
Co published with the UN global compact - advancing responsible business in land, construction, real estate use and investment 2018 How organisations can identify and address the impact of their activities when operating, constructing and designing buildings
35
European REIT / overseas buyer impact investing how does the is relate to sustainability
Mid market - social - providing care to most vulnerable Environment- reduce embodied carbon through making adaptions to buildings and benefit reduced carbon life cycle costs, more sustainable than new construction which is carbon intensive
36
Sustainability legislation
Climate change Act 2008 Net zero 2050 - reduction by 78% 2030
37
EPC breach fine
Max 5k Min 500
38
Biodiversity net gain
Creating and improving natural habitats to deliver measurable positive impact New developments required to show bio diversity net gain of min 10%
39
Climate change levy
Tax on energy delivered to all non domestic users in the uk Energy from renewables isn’t taxed
40
BREEAM
Building Research Establishment Environment Assessment Method
41
Unconscious bias
Associations and assumptions we hold about someone based on the nine protected characteristics which are deeply engrained and outside of our conscious awareness.
42
What is inclusion
The strategies and processes implemented to integrate individuals and create environments where all are welcome
43
What are the four types of illegal discrimination
1. Indirect discrimination 2. Direct discrimination 3. Harassment 4. Victimisation
44
What is victimisation
Singling someone out due to their protected characteristic
45
Direct discrimination
Directly treating someone less favourable than someone else because that person belongs to one of the protected groups
46
Indirect discrimination
Form of discrimination that occurs when a policy, practice or rule is the same for everyone but has a worse effect on someone because of a protected characteristic Eg a non inclusive recruitment process
47
Further guidance on rule 4
Relating to DEI, provides advice for larger firms to include 1. Remove bias for recruitment 2. Collect and publish DEI data 3. Provide training and inclusion in practice
48
RICS complaints handling procedure requirements
1. Fit for purpose 2. Made available to all staff who receive training 3. Readily available to share 4. Reviewed at a senior level 5. Agreed with PII Brokers 6. Include ADR provider
49
Scope of services
Itemised fee Terms of business Services would provide Timeframe for payment of fee and cost liabilities CHP
50
How do you undertake effective negotiation
1. Conduct research, gather information 2. Understand my clients priorities and non negotiables, lower priority items 3. Understand other parties position 4. Collaborative approach and maintain positive communication 5. Confirmation in writing what was agreed and any actions KNOW WHEN TO WALK AWAY
51
What is the IDF
The inside finished surface comprising more than 50% of the floor to ceiling height for each IDF wall section
52
What is a IDF wall section
Each internal finish of a section of an external wall Ignoring any columns
53
What to do if no IDF
Measure to the finished surface
54
What to do if no IDF
Measure to the finished surface
55
What is not included in GEA but IPMS 1 office
Galleries and balconies
56
Exclusions to IPMS 1 office
Galleries and balconies
57
IPMS 2
All areas available for direct use measured to the IDF
58
What should be stated separately for IPMS2 offices
Generally accessible roof terraces Covered galleries Balconies
59
Exclusions IPMS 2
Open light wells Upper level voids of an atrium Patio and decks at ground floor External parking Refuse area
60
Excluded from IPMS 3
Plant Cleaners cupboard WCs Lifts Stairs
61
Included but stated separately IPMS 3
Covered galleries Balconies Generally accessible roof terraces In exclusive occupation
62
Main differences between IPMS 3 and NIA
Measured to the IDF INCLUDES columns Areas of restricted height below 1.5m Multiple occupiers measurement taken to the middle of the partition wall Covered galleries, balconies for exclusive use are included but stated separately
63
What is GIA MEASURED TO
Internal face or perimeter wall
64
Key difference between GIA and IPMS 2
With features such as windows or covered galleries as IPMS includes these when measuring to the IDF
65
WHAT IS NIA AND GIA MEASURED TO
The internal face of the perimeter wall
66
Why did u measure to the code of measuring practice 2015
Still best practice document for all measurement exercises except for offices and resi
67
Why use GEA
Planning Building cost estimates
68
Gia
Area of the building measured to the internal face of the perimeter wall
69
Gia excludes
Canopies Perimeter wall thickness Fire escapes Covered ways Voids over/ under structural stepped floors
70
Gia includes
Areas occupied by internal walls and partitions Columns Mezzanine floors with permanent access Area with head room less than 1.5 Atria and entrance halls
71
Are internal projections included
Yes all columns chimneys and other internal projections are not removed
72
Accuracy of a laser disto
Accurate to 1.5mm up to 200m
73
Are internal structural walls included in NIA
No
74
Who is cbres compliance officer
Liz atlee
75
Raac
Reinforced Autoclaves Aerated Concrete
76
Wood wall shuttering
potential for concrete to be poorly compacted, leading to voids and honeycombing
77
HAC
Concern about long term durability Strength loss
78
Energy Act 2011
Act's core focus is on tackling barriers to investing into energy efficiency introduced the Green Deal, which aims to facilitate and finance energy efficiency improvements in homes and businesses.
79
What does the red book say about inspections
VPS 4 - inspections investigations and reports No physical inspection must introduce an unacceptable level of risk Verify information If not inspecting must clearly be agreed in the report Keep clear audit trail
80
If contamination suspected on site during ur valuation
Not provide advice until a specialists report is commissioned. I would caveat my advice until a full environmental report was available Once I had the report would reflect remediation costs deducted from the valuation.
81
Party conflict
Work relating to the same or related instructions for two different parties
82
What is a responsible principal
The individual who is obliged to ensure all responsible steps are taken and systems in place to comply with rics requirements
83
Key documentation for registration of firms
Rics regulation Rules for the registration of firms
84
What do the bye laws allow
Provide power for the head of regulation and regulatory tribunal to make disciplinary and regulatory decisions including issuing penalties and costs
85
How Many bye laws
10
86
What documents concern decision making
Regulatory decision making 2022 RICS Regulatory Tribunals 2022
87
Fixed penalty
Relates to the supply of information to the RICS - fine or caution