Key Terms Flashcards
RICS
It is a professional body that accredits professionals within land, property + construction sectors worldwide.
It helps set, maintain and regulate standards and provides advice to government and policy makers.
Ethical standards/ rules of Conduct
1 - M&F must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS.
2 - M&F must maintain professional competence and ensure services are provided by competent individuals
3 - M&F must provide good quality and diligent services
4 - M&F must treat others with respect, and encourage diversity and inclusion
5 - M&F must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
Professional statement
mandatory requirements for RICS members and regulated firms
Sets behavioural, competence or technical
e.g. Conflicts of Interest (2017) or Complaints Handling (2016)
Guidance note
Document that provides users with recommendations or an accepted approach for good practice
E.g. Management of Risk (2016), Surveying Safely (2019)
H&S at Work Act 1974
- Primary piece of legislation that governs the UK
- Promotes good management and common sense
- Key aims:
1. Places duty on employers for H&S of employees
2. Places duty on employees to ensure H&S of those affected by their works
3. Regulated by the HSE
Gifts
Bribery Act 2010 defintes acceptable gift and hospitality as reasonable and proportionate
Includes modest and occasional meals. sport & cultural events
- must not be lavish or frequent
M3 gift & hospitality policy
- BD director approval required for entertaining business contracts over £100
- Approval required for being entertained at over £50 & MD if over £1000
- Offering / accepting gifts is prohibited
- Any christmas gifts should be shared with the company
RICS decision tree
- Facts?
- legal?
- in line with RICS global professional and ethical standards?
- consulted with appropriate people?
- clear reasoning for your decision?
- content with actions being public? (embarrassment test)
Audit trail
Date and time stampled, sequential record
CPD
Continuing Professional Development
RICS requirement = 20 hrs p/a (10 formal)
Every 3 years update on ethical standards
APC = 48 hrs CPD (50% formal)
Client care
Tailoring the service you provide to suit the needs of the client
Process of identifying who your clients are by understanding
- The behaviours that are appropriate to establish good relationships
- The systems and procedures appropriate for managing the process of client care
- The requirements to collect data, analyse and define the needs of the clients
Behaviours of client care
- promote RICS ethical and professional standards
- understanding client requirements
- clear comms / dialogue
- delivery on time
- trust based relationship
- quality assurance and CHP
Monthly report
Formal monthly progress report which shows project costs, programme, risks and key issues
RICS CHP
A firm must have a CHP and it must include a redress system
- must have a CH officer and CH log
- complaint has to be acknowledged in 7 days and formally responded to in 21 days (28 days total)
2nd stage - redress if client is dissatisfied
M3 CHP
- clarify complaint
- inform line manager
- acknowledge complaint in 5 days
- formally respond in 14 - 18 days
- formally record and investigate
- internal lessons learnt thereafter
- no redress mechanism for referring to third party if remains unresolved
Project charter
A client led initiative where 5 members of the project team were selected to develop a brief. The main aim was to develop a set of behaviours and objectives to enhance ESG across the project.
Communication
transfer of information from one person to another
informal - no need to record
formal - need to record info so there are structured and defined deliverables
Negotiation
To discuss a matter with a view to settlement or compromise
- Where two parties have differing views come together to try and establish common ground and reach an agreement
CapEx
Capital expenditure
- An excel which tracks all project costs, shows paid to date, forecast costs and cashflow for duration of a project
Construction (Design & Management) Regulations 2015
Regulation that seeks to improve H&S in construction by placing duties on duty holders on a construction project. 3 core aims:
1 - focus project team on H&S through lifecycle of project
2 - improve planning and management of projects to identify dangers
3 - places responsibilities on these best placed to deal with H&S duties
Client (CDM)
Responsibilities different in commercial vs residential
Commercial -
- ensure duty holders appointed
- time and resource = sufficient
- ensure relevant info available and provided
- ensure PD/PC carry out duties
- ensure welfare is provided
Principal Contractor
Plan, manage and coordinate H&S in construction phase
- liaise with client and PD
- CPP
- coordinate contractors
- ensure site inductions, prevent unauthorised access, workers consulted and engaged in securing H&S, welfare provided
Principal Designer
Plan, manage, and coordinate H&S in the pre-construction phase
- seek to identify and eliminate foreseeable risks
- ensure designers carry out duties
- prepare and provide info to other duty holders
- liaise with PC to help construction phase
CSCS
Construction Skills Certification Scheme
card certification scheme for construction
many contractors require that site workers hold a valid CSCS card to work on site
Practical completion
Contractual term used in a building contract to signify the date on which a project is handed over to the client
- CA certifies PC when all the works described in the contract have been carried out
- It has the effect of:
- releasing half the retention
- ending contractors liability for liquidated damages
- signifying the beginning of the defects liability period
Health & Safety File
Record of information for client or end user containing the relevant H&S info.
Required on all projects involving more than one contractor
Includes:
- description of the works
- residual risk register
- key structural information
- hazardous material
- cleaning and maintenance
- location and marking of significant services
Building regulations
Minimum standards for design, construction and alteration to almost every building
- ensures H&S for people in and about those buildings
- act as a brief to ensure developments comply with H&S requirements
E.g’s Part A - Structures, Part B - Fire safety, Part L - Conservation of fuel and power, Part M - Access to and use of Buildings
RIDDOR (Reporting of injuries, disease and dangerous occurrences regulation 1995)
Reportable when someone dies or is injured as a consequence of a work related injury. If someone is off sick for more than 7 days = reportable
COSHH (Control of substances hazardous to health)
Focusses on preventing workers exposure that may cause harm
PPE is last line of defence
Control of Asbestos Regulations (2012)
Applies to employers / employees in asbestos environments
Places duties on the employers to issue correct PPE and protect employees from asbestos
Owner of property has duty to locate and manage asbestos
PPE Regulations 2002
Access and provide suitable PPE to employees and visitors
maintain and replace
instruction and training
Working at Height Act
- avoid where possible
- appropriate supervision
- suitable selection of equipment
- appropriate protection
Accounts
record of past or forecast of the future
Company Accounts
Summary of organisations financial activity over a 12 month period
- shows tracking of money (in & out)
- profit and loss (company performance)
- balance sheet
- use information for future business planning
- highlights problem areas
- submit to companies house (annually)
Companies House
UK register of companies
- used to maintain corporate transparency, understand policy impact and enable govt to levy corporation tax (18%)
Profit and Loss
Summary of a businesses transactions (income and expenditure) for a given period / year
- shows income / turnover less cost of sales less cost of operating expenses = operating profit / loss (net margin)
Balance Sheet
Summary of financial balances at the of the financial year
- It shows how well your assets / liabilities are managed
- Includes: fixed assets, current assets, long term liabilities, current liabilities, working capital, shared capital and reserves
Cashflow
Record of cash receipts and cash payments
- An increase / decrease in cash balances or borrowings
Management Accounts
Information to people in the company
- bespoke / personalised
- include KPIs
- business planning tool
Statutory Accounts (aka Company Accounts)
Info for external people statutory requirement and format covers entire organisation typically annual filed at companies house
Auditor
reviews accounts of companies and organisations to ensure the validity and legality of their financial records
- confirm accounting practices are genuine and follow correct and consistent principles
GAAP
Generally Accepted Accounting Principles
- UK Standard
- Ensures minimum level of consistency in a companies financial statements
IRFS
International Financial Reporting Standards (IFRS) are a set of accounting standards that govern how particular types of transactions and events should be reported in financial statements. They were developed and are maintained by the International Accounting Standards Board.
4 Principles - clarity, relevance, reliability, and comparability.
Business Plan
A formal statement of company goals and plans for achieving them
SWOT
An assessment tool used to identify and evaluate internal factors
- It can be used to set objectives and inform the mission statement
- Stands for strengths, weaknesses, opportunities and threats
PESTLE
An assessment tool to help identify opportunities and risks to the business
Stands for: political, economic, social, technological, legal and environmental
Mission statement
short statement of an organisations purpose, identifying the goal of its operation
- M3 = ‘Delivering development’
- RICS = ‘Our mission is to be recognised in key worldwide markets as the leading body that sets and enforces standards and offers access to the most sought after professional status in land, property and construction.’
Vision Statement
- Company’s road map, indicates what the company wants to become. Description of what an organisation would like to achieve or accomplish in the mid-term or long-term.
- M3 = “To be London’s most sought-after consultancy for development management and project management”
RICS Business Plan 2021-22
- continue to support the profession in covid-19 recover and seek to minimise increases to subscription costs
- utilise surplus in cash generation to pay back furlough monies received via UK govt covid job retention scheme
- maintain and increase demand for RICS qualifications with primary goal to ensure RICS qualifications remain relevant for future generations
M3 Business Plan
- Double in size over next 5 years
- Diversify our client base
- Invest in our people
M3 Values
ITHRIVE
integrity, trust, honesty, respect, independence, vision and excellence
Alternative Dispute Resolution
The use of methods such as mediation or arbitration to resolve dispute without resort to litigation
Conflict
A serious disagreement or argument, typically a protracted one
Negotiation
To discuss a matter with a view to a settlement or a compromise
Mediation
Informal but structured settlement procedure where a mediator is employed to facilitate an amicable dispute settlement
Conciliation
the same as mediation but third party will provide a non-binding settlement proposal
Adjudication
An ADR process which applies to all construction contracts in the UK (under the Housing grants, construction and regeneration act 1996)
An adjudicator is chosen and the decision is binding.
The adjudicator does not award legal costs
Arbitration
More formal, contract based dispute resolution procedure that mirrors litigation
- Governed by the arbitration act 1996
Both sides agree to let a third party adjudicator decide the case
- legally binding and limited rights to appeal
Litigation
Process of engaging / contesting legal action in court as a means of resolving dispute
- decided by a judge
- last resort - must have attempted to resolve through all other forms
Data
raw, unorganised facts that need to be processed
primary = data observed or collected directly from first hand experience
secondary = involves the use of data already collected from someone else
Data management
How data is stored, managed, shared and presented
General Data Protection Regulations (GDPR 2018)
- Update to EU legislation in line with ways in which data and technology is used now
- gives public more say over how organisations can access their data and what they do with it
- higher penalties for breaches and non-compliance (up to 4% of annual turnover or 20 mil euros (whichever is higher)
Data Protection Act 2018
The Act replaces previous 1998 legislation and manages how personal data is processed by organisations and the government
- It is the UK legislation for the implementation of the EU General Data Protection Regulation
Freedom of Information Act 2000
Gives the right to access/ review information held by public authories
- Idea to promote more openness from the govt
- excludes access to personal data
Teamwork
combined action of a group, especially when effective and efficient`
Tuckmans Key Stages of Development Theory
Theory which focuses on the way in which a team tackles a task from the initial formation of the team through to completion
- stages include forming, storming, norming and performing
Belbins Team Roles
Theory where team roles are categorised as social/ thinking / action
Each has their own strengths and weaknesses
e.g. the specialist (knowledge and skill in rare supply) or the shaper (motivator)
Unconscious Bias
where our brains / people make quick judgements and assessments of people and situations without realising
Biases can be influenced by backgrounds, cultural envr and personal experiences
Equality Act 2010
legally protects people from discrimination in the workplace and in wider society
Human Rights Act 1998
Gives legal protection of your human rights, such as your right to education or freedom of expression
each article deals with a different right
Inclusive Environment
An environment that is inclusive and accessible to all
Part M (Access to & Use of Buildings)
Developers, designers and owners of a building have a responsibility to ensure that the built envr is accessible to everyone wherever it is practical to do so.
Sustainable Development
Development that meets the needs of the present without compromising the ability of future generations to meet their needs.
Carbon neutral
Means balancing your carbon emissions by offsetting an equivalent amount of carbon as the amount you produce
Can be done through avoidance or removal offset
Carbon offsetting
Used to counter the GHG emissions you produce by reducing emissions somewhere else.
Two types of offsetting: avoidance / removal
Circular economy
Economic system aimed at eliminating waste and the continual use of resources.
System that is designed to maximise the value of products and materials while in use, then recover and repurpose them at the end of their lives
Climate change act
- Passed in the UK in 2008 & set out emission reduction targets that the UK must legally comply with
- Committed to reducing its GHGs by 80% by 2050, compared to 1990 levels
- Made more ambitious in 2019 when the UK became the first major economy to commit to a net zero target
- New target = net zero by 2050
COP26
COP (Conference of Parties) is the decision making body of the UN framework convention on climate change.
COP26 = most recent, where world leaders discussed actions taken towards the goals of the Paris Agreement and shared knowledge.
A number of decisions were made e.g. end of deforestation by 2030, reduce use of fossil fuels, rules for global carbon market and alignment in reporting dates
Embodied carbon
Total GHG emissions produced from the creation of an asset.
- Typically is cradle-to-gate
- EU Framework A1-A5 which includes the production (manufacturing and materials) and Construction (transport and installation)
- Excludes operational emissions
- Expressed as kgCO2/kg of material / product
ESG
refers to the three key factors in measuring sustainability and social impact of a business.
Investors are increasingly applying these factors as part of their analysis process to identify material risks and growth opportunities when investing
Life Cycle Assessment / Analysis
A method used to assess and evaluate the envr impacts associated with every stage of a products life across its value chain. (Cradle-to-grave)
Looks at energy and materials used, along with waste and pollutants produced as a consequence of a product or activity are quantified over project lifecycle
Operational Carbon
Carbon emissions’ association with energy consumption (operational energy) while the building is occupied.
EU Framework - Stages B (In use - maintenance, operation and refurbishment) and Stage C (End of Life - deconstruction, transport, disposal, waste, reuse/recycle)
Whole life carbon
The carbon emissions resulting from the materials, construction and the use of a building over its entire life, including its demolition and disposal.
A WLC assessment provides a true picture of a building’s carbon impact on the environment.
Net zero
A commitment to net zero requires action to reduce your carbon emissions to an absolute minimum - the goal is to balance the emissions you produce and remove from the earths atmosphere.
To be net zero, you can only offset through removal offset as you need to remove the carbon from the atmosphere
Paris Agreement
Legally binding agreement adopted in COP21 in Paris.
Agreement was signed by 196 countries in 2016 as a commitment to action climate change.
Its central goal is to limit global warming by 1.5 degrees compared to pre industrial temperatures
BREEAM
Building Research Establishment Environmental Assessment Method
An assessment method which assesses, rates and certifies the sustainability of a building
WELL
Performance based system for measuring, certifying and monitoring features of the built envr that impact human health and wellbeing through 7 key concepts such as air, water, mind
NABERS
A system for rating energy efficiency of office buildings.
Supports the concept of design for performance based on operational outcome rather than design for compliance
WiredScore
Digital connectivity rating scheme that acts as an independent digital connectivity benchmark and provides landlords with insights to enhance their buildings digital infrastructure
Corporate Social Responsibility
CSR refers to practices and policies undertaken by corporations intended to have a positive influence on the world
Contract
An agreement by two or more parties that is enforceable by law
JCT Contract
Joint Contract Tribunal is a limited company who produce a range of standard forms of contract
Standard contract
Traditional procurement route
Large, complex projects where detailed contracts are required
fixed price lump sum
D&B contract
D&B procurement route
Contractor carries out construction works and completes design
Suitable where detailed provisions needed
Price and payment structure = fixed.
Can be single or two stage tender
CM Contract
CM procurement route
risk sits with the employer
employer appoints separate trade contractors to carry out the works and a CM (almost like a consultant to manage)
Minor works
Smaller projects less than 12 months and less that £250k
Major projects construction contract`
D&B procurement route
Suitable for more experienced clients and contractors who require less procedural provisions within the contract and because they have their own in-house procedures
Transfers more risk to the contractor - EoTs not available for weather conditions or non-availability of labour and materials
NEC (New Engineering Contract)
Suite of contracts published by the ICE
Contracts have characteristics such as:
- good management of relationships between parties
- intended for wide commercial situations
- clear and simple docs (in terms of language and structure)