Legislation / Guidance

Question 1

Are you aware of the modern slavery act?

Answer 1

It sets out a range of measures on how modern slavery and human trafficking should be combated.

Whilst not all of the Act is directly relevant for business, section 54 entitled ‘Transparency in supply chains’ impacts the corporate sector.

Question 2

What did you learn from the RICS ‘Conflict of Interest’ Professional Standard?

Answer 2

Split into three parts:
1. Sets out mandatory rules for members including definitions
2. Sets out principles on how to apply the standard
3. Provides guidance on how to meet the regulations

Question 3

What did you learn from the RICS ‘Conflict Avoidance and Dispute Resolution in Construction’ Guidance Note?

Answer 3

• Avoiding conflict in the first instance is always the best option
• Broadly seperates conflict resolution into 3 categories: Negotiation, Mediation and Ajudication

Question 4

What did you learn from the RICS ‘Appropriate Contract Selection’ Practice Information?

Answer 4

• Its sets out the typically procurement routes available
• Depicts how the client interacts with various stakeholders which needs to be established before a contract can be selected.

Question 5

What are the parts of an NDA?

Answer 5

Named parties
Description of what is considered confidential
Requirements and obligations
Exclusions ie information in the public domain
Terms of the agreement
Consequences of a breach
Return and destruction of infomration

Question 6

What did you learn from the RICS ‘Common Mistakes with Negotiations’ Training Article?

Answer 6

• The need to adequately prepare
• Engagment with the correct people with correct authority
• Staying focussed on the overall objective
• Acting professionally without becoming too emotive

Question 7

Are you aware of the health and safety at work act?

Answer 7

• It is the primary legislation that sets H&S standards in the workplace.
• Sets out employers responsabilities to employers and the public to provide adequate training and welfare, risk assessments and a safe working environment.
• Sets out employees responsabilites to themselves and each other
• H&S should be specific to the workplace.
• It’s an enabling act whcih means other legislation can be created without having to pass other act.

Question 8

Are you aware of the fire safety act?

Answer 8

Introduced to strengthen the fire safety order following grenfell.
Clarifies that the responsible person must manage and reduce the risk of fire in multi-occupied residential buildings
Amended to include the external fabric of a building including cladding, windows and doors

Question 9

Are you aware of the control of asbestos regulations?

Answer 9

Sets out the management of risk of asbestos including assessment, planning, monitoring and notifying

Question 10

What did you learn from the RICS ‘Surveying Safely’ Professional Standard?

Answer 10

• It sets out the principles for H&S practices at both corporate and individual levels
• As a surveyor I am responsible for understanding the H&S risks for the various tasks I undertake and I have a responsability for my own, my colleagues and others H&S while at work.

Question 11

Are you aware of the building safety act?

Answer 11

The focus of the act is on building structural and fire safety and the managemnt of H&S risks.

The recent changes in the 2022 edition include:
- New duties for the management of fire and building safety in high-risk buildings, those being multiple occupancy over 18m or 7 storeys high
- Introduces the Building Safety Regulator as the building control authority for higher-risk buildings
- Sets requirements for a ‘golden thread’ of information to be created, stored and maintained that informs and governs a buildings safety

Question 12

What is your understanding on the CDM Regulations?

Answer 12

• To ensure all stakeholders consider the H&S risks of those undertaking the works
• Places statutory duties on clients, the principal designer and contractors
• Improves safety through design, planning and management

Question 13

What is the Data Protection Act?

Answer 13

UK’s implementation of GDPR
Sets regulation on how personal data is collected, used, stored and shared

Question 14

What is GDPR?

Answer 14

General Data Protection Regulation
EU directive to created consistency in how data is managed
In response to social trends surrounding technology and the sue of personal information

Question 15

What is the Equality Act?

Answer 15

It is a discrimination law that protects the rights of all individuals and promtes equality regardless of personal characteristics.

Question 16

What do you understand about Part M of the Building Regulations?

Answer 16

Access to and use of buildings
Sets minimum requirments to ensure that a broad range of people are able to access and use facilities within a building.

Question 17

What are the building regulations?

Answer 17

They define minimum levels of performance for different aspects of a building

Question 18

What is BREEAM?

Answer 18

The Building Research Establishment Environmental Assessment Method
Independant third party assessment of a projects sustainability at different stages of its life cycle.

Question 19

What is SAP?

Answer 19

Standard Assessment Procedure for assessing the energy perfomance of a building.

Question 20

What do you understand about Part L of the Building Regulations?

Answer 20

Conservation of Fuel and Power
It sets standards for the energy performance of buildings, including their insulation, heating, lighting, ventilation, and use of renewable energy

Question 21

What do you understand about Part E of the Building Regulations?

Answer 21

Resistance to Sound
It’s purpose is to reduce unwanted noise transmission between buildings, rooms, and communal areas

Question 22

What are RIBA plan of work stages?

Answer 22

0 - Strategic Definition
1 - Preparation and Briefing
2 - Concept Design
3 - Spatial Coordination
4 - Technical Design
5 - Manufacturing and Construction
6 - Handover
7 - Use

Question 23

What do you understand by NRM?

Answer 23

New Rules of Measurement
Split into 3 parts:
Order of Cost Estimating and Cost Planning for capital building works
Detailed measurement for building works
Order of Cost Estimating and Cost Planning for building maintenance works

Question 24

What did you learn from the RICS ‘Tendering Strategies’ Guidence Note?

Answer 24

Outlines the different tendering types and assess their advantages and dissadvantages as well as guidance on how to set up a tender

Question 25

What did you learn from the RICS ‘Cash Flow Forecasting’ Practice Information?

Answer 25

The importance of cash flows for managing finances of both clients and contractors alike.
Understanding reasons for variance in cash flows compared to actual expenditure

Question 26

What did you learn from the RICS ‘Cost Reporting’ Guidence Note?

Answer 26

• It outlines the principles of cost reporting to a client.
• Should capture the agreed contract sum, instructed and anticipated adjustments, infomration pertaining to any loss and expense or items in dispute as well as a seperate schedule of provisional sums with the aim being to keep the client infomed of the projected final account.

Question 27

What are the management of health and safety at work regulations?

Answer 27

A set of regulations that require employers to put in place arrangements to control health and safety risks. These regulations were introduced to strengthen the Health and Safety at Work etc Act 1974

Question 28

What is the Freedom of Information Act?

Answer 28

Law that gives the public the right to access information held by most public authorities. Works in two main ways:
- Dictates certain information should be publicly published
- Give rights for the public to request the release of information held by government authorities (within 20 working days)

Question 29

What are the classifications under Breeam?

Answer 29

Unclassified less than 30%
Pass - 30%
Good - 45%
Very Good - 55%
Excellent - 70%
Outstanding - 85%

Question 30

What is the main piece of legislation relating to Asbestos?

Answer 30

Control of Asbestos Regulations 2012 (CAR 2012)

Question 31

What is the construction act?

Answer 31

Commonly known as the House Grants, Construction and Regeneration Act 1996

Introduced:
o Interim or stage payments for contracts over 45 days.
o Adjudication is a statutory right.
o Contractor can suspend works if they are not paid within 7 days after final date for payment.

Question 32

What are the common types of construction contract?

Answer 32

JCT / NEC / ICE / FIDIC
o Joint Contracts Tribunal
o New Engineering Contract
o Institute of Civil Engineers
o International Federation of Consulting Engineers

Question 33

What are articles of agreement?

Answer 33

They form the core statement of what the parties have agreed to and include 4 subsections.
o Recitals – explain the facts (works, site, drawings)
o Articles – what has been agreed (contract sum and consultant details)
o Contract particulars – records the variables (retention, possession, completion)
o Attestation – execution (under hand / deed)