Key readings Flashcards

1
Q

Year of Bribery Act and key features (definitions, penalties, case law)

A

2010

‘Relevant function’ and ‘improper performance’

Can be convicted abroad if business has activity in UK

Penalty = up to 10 years in prison and unlimited fine

Case law = Airbus - UK subsidiaries although non-UK based

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2
Q

RICS Managing Communications

Type, year, 2 key considerations

A

Archived, 2013

Two areas are:

  1. The Science of comms (stakeholder management, strategy, plans)
  2. The Art of comms (awareness, empathy, understanding, word choice, comms channel)
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3
Q

Surveying Safely

Year, type, key points

A

Professional standard, 2018

Individual and firm responsibilities

‘Safe person’ concept

Hierarchy of risk control (elimination, substitution, engineering controls, admin controls, PPE/equipment

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4
Q

The control of asbestos regulations

Type, year, key points

A

Govt legislation, 2012

‘Duty holder’ concept - to search, manage and record asbestos

Non-licensed, notifiable non-licensed and licensed work

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5
Q

RICS Asbestos: Legal Requirements and best practice for property professionals and clients 2021

Type, year, key points

A

RICS Guidance note, 2021

Describes why asbestos is used and where

Friability concept

Types of survey

How to manage and record

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6
Q

Health and Safety at Work Act

Type year key points

A

Govt legislation 1974

Duties of employers and employees

Role of HSE

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7
Q

Building Safety Act

Year, background, key points

A

2017 following Grenfell/Hackitt review

High risk (18m/ 7 storeys 2 dwellings) - notify BSR and produce ‘building safety case’, ‘accountable person’

Role of Building Safety Regulator

Construction gateways

Requirement for info Golden Thread

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8
Q

Fire Safety (England) Regulations

A

2022

More on operational side

Role of responsible persons and high risk buildings duties - evacuation plan, info on reporting issues and reacting to fires

Info to provide residents - fire info box, clear plans, keep fire doors shut and untampered

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9
Q

RICS Complaints Handling

Type year key points

A

Professional standard 2016

Defines complaint - ‘expression of dissatisfaction’

Why good to reduce complaints

Effective CHP factors - suitable for business, clear, available to staff who understand it, available for clients, reviewed regularly, PI consideration, provides redress scheme (ADR)

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10
Q

Data Protection Act and GDPR

Year ket points

A

2018

Includes the GDPR

8 individual rights

Penalties for misuse - up to 20 mil or 4% of global turnover

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11
Q

Document M - Access to and use of buildings

Year ket points

A

2016

Let guidance for making fair access - e.g. disabled access and requirements (e.g. dimensions, ramp gradients, etc.)

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12
Q

What introduced MEES

A

‘The energy efficiency (private rented property) England and wales regs 2015

MEES effective from 2018

Min = E

Criteria for exemptions

Non compliance penalties

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13
Q

UK Residential Real Estate Agency

A

Type, year, key points

Professional statement, 2017

2 parts - professional statement of how to conduct activity. Section 2 more details guidance on key stages of acting as an agent. Finally, glossary of key terms - such as agency types, types of sale, ready willing able purchasers

Duty of care to who you are representing

Guidance on receiving instructions - terms of engagement and key rules of conduct things like conflict of interest and complaints handling

Need for EPCs when marketing

On market appraisals - must clarify to client not a red book valuation, but show best advice with evidence of current market conditions

Honest advertising - other key regs

Introduced ‘ready, willing and able purchaser’

Defines types of agency agreement and agent rights

Must be aware of vulnerable customers

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14
Q

RICS Comparable Evidence in real estate valuation

Type year ket points

A

Professional standard, 2023

Good comps: comprehensive, recent, location, similarity, verifiable, fair open market

How to do a comps valuation

Categories of evidence

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15
Q

RICS Valuing Residential Property Purpose Built for Renting

Type year key points

A

Professional standard 2018

Key steps:

Gross income
Operating expenses
NOI
Capitalised NOI
Caped costs
Derives value
Benchmarked
Purchasers costs
Final recommended value

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16
Q

Consumer Protection from Unfair Trading Regs

Year/background and key points

A

Originally 2008, amended 2018 to account for Brexit

Unfair trading = acting in bad faith which affects a customers decision

Key is ‘material info’ which is what impacts a persons decisions

Max fine - £25,000

17
Q

Key acts of landlord and tenant

A

Landlord and Tenant Act 1987 and Leasehold and Freehold Reform Act 2024

Also Leasehold Reform (ground rent) Act 2022 which abolished ground rent

18
Q

Conflict of interest

A

Professional standard Conflicts of Interest 2017

Part 1 - professionals standards

Parts 2 and 3 - commentary and notes

‘Info Barrier’ - barriers to prevent confidential info being passed between people within the same organisation

‘Informed Consent’ - party gives express consent despite being informed of possible conflict of interest

19
Q

Estate Agents Act 1979

A

Initial government legislation for estate agents

Let points:

The need to clarify fees and disbursements

Clarify roles and what services will be provided

Personal conduct - misrepresentation, disclose interests, discrimination