Level 1 Flashcards

Knowing

1
Q

Why do you want to become a member of the RICS?

A

I would like to become a member of the RICS because it will increase my opportunities to travel, I will feel a sense of achievement and become an ambassador for more women in the construction industry.

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2
Q

What is the role of the RICS?

A

RICS’ main roles are:

  1. Advancing the highest ethical and technical standards for professionals in land, property and the built environment
  2. Protecting and providing benefits to consumers by enforcing standards and codes of best practice
  3. Providing expert impartial advice to governments, business and the public
  4. Equipping RICS members with leading edge advice, market insight and professional training
  5. Promoting RICS status and standards in key worldwide markets as the mark of property professionalism.
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3
Q

What are the key functions of RICS?

A

Profession & Standards

RICS develops and enforces leading international standards, protecting consumers and businesses by ensuring the utmost level of professionalism is employed across the built and natural environment.

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4
Q

What is a royal charter

A

Our Royal Charter requires RICS to act in the public interest.

Our Royal Charter requires us to promote the usefulness of the profession for the advantage of the UK public and in other parts of the world. In practice, the charter means that important changes to our constitution – its bye-laws – have to be ratified by the UK Government, through the Privy Council, even after they’ve been approved by a majority of our members voting at a general meeting.

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5
Q

Who is the president of the RICS?
Who is the President Elect of the RICS?
Who is the senior vice president of the RICS?

A

Tina Paillet
Justin Sullivan
Nicholas Maclean

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6
Q

What do you understand by the term self-regulation?

A

The Royal Institution of Chartered Surveyors (RICS) self-regulates, meaning that it operates under its own regulatory framework instead of being legislated by the government.
Standards
RICS develops and enforces standards that outline the expected conduct, competence, and ethics for its members.
Regulatory Tribunal
The RICS Regulatory Tribunal is responsible for independent decision-making through its Disciplinary, Registration, and Appeal Panels.
Rules of Conduct
The RICS Rules of Conduct are based on ethical principles such as integrity, honesty, competence, responsibility, service, and respect.

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7
Q

Can you tell me what you understand by the principles of better regulation?

A

The Rules of Conduct for Firms apply to all Firms worldwide. They cover those matters for which Firms are responsible and accountable. The Rules focus on our regulatory goals and adopt the five principles of better regulation:
* Proportionality. * Accountability. * Consistency.
* Targeting.
* Transparency.

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8
Q

What is a Bye-Law?

A

The Bye-Laws determine how the RICS is regulated.

The RICS Bye-Laws provide the power for Head of Regulation and Regulatory Tribunal to make disciplinary and regulatory decisions including issuing disciplinary penalties and costs. Those decisions are made in accordance with the Rules and guidance created by the Standards and Regulation Board.

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9
Q

Who do the Bye-Laws apply to?

A

Application of Bye-Laws and Regulations
These Bye-Laws and any Regulations made under them shall apply to:
(a) a Member or a member of an Attached Class;
(b) a Firm, where specified;
(c) a Regulated Non-Member, where specified; and
(d) any person covered by any agreement made under Article 20 of the Charter.

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10
Q

Give an example of one of the RICS Bye-Laws

A

MADCCAPS

1 Applications and Definitions
2. Membership and registration
3. Designations
4. Contribution to funds
5. Conduct
6. Governing Council, Officers and Staff
7. Subordinate Boards, Committees and Group
8. Procedure for General Meetings
9. Accounts and Audit
10. General

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11
Q

What is the Bichard RICS Review ?

A

Lord Michael Bichard published his independent Bichard RICS Review which was commissioned by the RICS Governing Council to review the Institution’s purpose, governance and strategy.

Example recommendation
1. A Diversity and Inclusion Panel should be established to provide advice to the RICS Board and Standards and Regulation Board.
2. A Public Interest Panel should be established to advise the Governing Council.
3. RICS should develop further its thought leadership role.
4. RICS should consider establishing a fund for public interest activity, which might include support for members to undertake pro bono activity and scholarships for students from communities where surveying is not well represented. This could be funded through the sanctions imposed on members and firms from regulation.
5. annual review to monitor the committee performance
6. encourage young people on the governing council board - stronger voice
improvements in technology

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12
Q

What is a phoenix firm ?

A

irms which close in a disorderly way and then rapidly re-establish themselves as a new trading entity.

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13
Q

who is a qualified member of RICS

A

Chartered Member is available on completion of the chartered qualification. You can enrol at any time in your career but must meet one of the following before applying for assessment: Relevant experience and an RICS-accredited degree. 5 years of relevant experience and any bachelor’s degree.

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14
Q

What does the annual regulatory review fee relate to?

A

Regulatory review fees
All regulated firms who hold clients’ money pay a regulatory review fee on an annual basis. The income generated from these fees covers the operational costs of the client money regulatory review visit programme. The fee is set based on the number of directors/principals in each firm, which includes both RICS members and non-member individuals.

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15
Q

What is the Hart v large case

A

The Hart v Large case is important for surveyors as it highlights the need to: Be clear and advise clients on the survey level and scope of inspection, limitations and caveats. Notably, this was a divergence from the normal rule of applying damages, established in the case of Watts v Morrow, where the damages are assessed on the variance between the surveyor’s valuation and the value of the property in it’s actual condition. ecommend further investigations are carried out if the surveyor has suspicions that a visible defect may affect other concealed building elements.
Report if any of the elements of the building have not been inspected and provide explanation as to why.
Consider whether any new information provided after inspecting or reporting affects their original advice, and updating their advice if it is justified to do so.

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16
Q

What are the 5 rules of conduct

A

1.Members and firms must be honest, act with integrity and comply with their professional obligations including obligations to RICS
2. Members and firms must provide good quality and diligent services
3. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
4. Members and firms must treat others with respect and encourage diversity and inclusion
5. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

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17
Q

When was the RICs founded?

A

1868

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18
Q

What is the mission statement of the RICS

A

To qualify and equip members to offer the highest standards of professional service.

To promote and enforce standards

To lead solutions to major challenges facing built environment through professional expertise.

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19
Q

What are the RICs core values / ethical principles ?

A

6nr HICSRR (CHRRIS) The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.

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20
Q

What is the aim of the RICS?

A

RICS develops and enforces leading international standards, protecting consumers and businesses by ensuring the utmost level of professionalism is employed across the built and natural environment.

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21
Q

How is the RICS structured?

A

The RICS was founded in 1868 with royal charter being granted by Privy council in 1881.
It is self regulated and internally monitored meaning that is not regulated by government or external parties.
Governing Council is our highest governing body, setting our global strategy and ensuring RICS fulfils its Royal Charter obligations.
RICS is a Royal Charter body. Our Royal Charter requires RICS to act in the public interest. Under the Royal Charter, RICS’ governing body is the Governing Council, which is responsible for approving RICS strategy and vision, overseeing the effective delivery of the strategy’ as well as standards and regulation. Governing Council is also responsible for approving changes to RICS’ constitution. Governing Council is supported by the Executive Board and expert governance bodies populated by active RICS members, RICS employees and independent non-executives.

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22
Q

Why did the previous rules of conduct change?

A

To provide a single document to enable greater clarity for RICS members and firms.

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23
Q

What are the professional obligations of members?

A

To comply with the CPD requirements set by the RICS - 20 hours formal 50%. I would refer to the RICS decision tree on informal and formal CPD

Members must cooperate with the RICS

Members must provide all information requested by the Standards and Regulations board or those exercising delegated responsibility on its behalf.

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24
Q

What are the professional obligations of firms?

A

Appendix A rules of conduct

Members must cooperate with the RICS

Must publish a complaints handling procedure which includes alternative dispute resolution provider approved by the RICS and maintain a complaints log

Members must provide all information requested by the Standards and Regulations board or those exercising delegated responsibility on its behalf.

Firms must display on their business literature, in accordance with RICS published policy on designations a designation to denote that they are regulated by RICS.

Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS.

Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.

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25
Q

What is money laundering? And which rule of Conduct does it relate to?

A

Concealing the source of the proceeds of criminal activity to disguise their illegal origin. This may take place through hiding, transferring and/or recycling illicit money or other currency through one or more transactions, or converting criminal proceeds into seemingly legitimate property.
Rule 1 - Honesty and integrity.

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26
Q

How do you implement rule 1 into your daily workplace (members and firms must be honest, act with integrity and comply with their professional obligations and obligations to the RICS?

A

I ensure I am not influenced through the acceptance of gifts or hospitality. I act in accordance with the Bribery Act 2010 and KK gift handling policy.

I identify conflicts of interest and do not provide services or advice where these conflicts of interest occur, unless informed consent has been sought.

27
Q

What are some example behaviours and regulations that relate to Rule 1 members and firms must be honest, act with integrity and comply with their professional obligations and obligations to the RICS

A
  1. Gifts and hospitality
  2. Confidential information
  3. Bribery Act 2010
  4. Integrity
  5. Money Laundering Regulations 2017
  6. Open and transparent
  7. Handling Clients Money
  8. Do not mislead
  9. Professional advice.
  10. Conflicts of interest
  11. Do not take unfair advantage
  12. Tax invasion
  13. Ethical behaviour.
28
Q

When did the new rules of conduct come into effect? Why?

A

2 February 2022 with previous rules in place since 2007. Simpler structure in one document to replace RofC for M&F and the global professional and ethical standards.Clear examples to support professional jusdgement. focus on respect and diversity. understand evolving technology.

29
Q

Provide example behaviours for each rule of conduct.

A
  1. Honest and integrity - behaviours include not being improperly influenced by others and being transparent with clients about fees and services. Advice is given in a professional context and is honest and based on reliable evidence. Members and firms protect confidential information.
  2. Competence - only undertaking work where a member has the relevant knowledge, skills and resources and undertaking sufficient CPD each year. Reflect on their works and consider how what they have learnt can be applied to their future. Stay up to date and comply with relevant legislation.
  3. Good quality and diligent service - understanding clients’ needs and objectives before accepting work and communicating clearly with clients. Ensure the data they use is accurate and up to date and kept securely.
  4. Treat others with respect, diversity and inclusion - treating others courteously and respectfully and developing an inclusive workplace culture. Do not discriminate, bully or harass. Work cooperatively.
  5. Act in public interest, take responsibility for actions, act to prevent harm and maintain public confidence - managing professional finances responsibly and responding to complaints promptly, openly and professionally.Cooperate with investigations where requested.
30
Q

What is the RICS Ethics Decision Tree?
What are the 5 questions asked by the tree?

A

The rules of conduct are supported by the RICS Decision tree to deal with ethical dilemmas.
- Do you have sufficient facts?
- Is it legal?
- Is it inline with the RofC
- Have you consulted with colleagues?
- Can you show a clear reasoning to reaching your decision?

You may refer to this when whistleblowing
receiving gifts
conflicts of interest
copyright & ownership
equal opportunities
charitable donations

31
Q

What is the bribery act 2010? What are the four four offences? What are 6 prevention bribery principles?

What RICS document can you refer to for advice.

What is the POCA?

A

The Bribery Act 2010 makes it an offence for a UK national or person located in the UK to pay or receive a bribe, either directly or indirectly.

Four Offences:
Making a bribe
Receiving a bribe
Bribery of a foreign public official
Failure of corporate entity to prevent bribery on its behalf

6 Prevention bribery Principles:
Proportionality
Top Level Commitment
Risk Assessment
Due Diligence
Communication
Monitoring & Review

RICS document: Countering Bribery & Corruption, Money Laundering & Terrorist Financing 1st Ed 2019

This professional statement deals with bribery, corruption, money laundering and terrorist financing.

Convictions – Proceeds of Crime Act 2002 - authorities to recover assets from criminals after they have been convicted of a crime. Eg money laundering

32
Q

What is bribery?

A

Bribery: The offer, promise, giving, demanding or acceptance of an advantage as an inducement for an action that is illegal, unethical or a breach of trust.

33
Q

What are the two boards below the governing council and what do they do? Who is the chair of each board?

A

Standards and Regulation board responsible for RICS’ regulatory functions, including strategy, governance, structure, policy and operational oversight in the public interest.
Nigel Clarke was appointed as permanent Chair of SRB
RICS Board

RICS Board has delegated responsibility for delivery of the business plan and oversight of operations (excluding standards and regulation).
Martin Samworth is the chair of the RICS Board

34
Q

What are your companies insurances?

A

PI £5m in the aggregate, Public / products liability £5m any one occurrence, Employers liability £10m
Renewal in May 2025.

35
Q

What is you companies complaints handling procedure? What would you do if you receive a complaint ? Who deals with it.

A

I would refer to my companies complaints handling procedure and listen and record the complaint, speak with my manager, check my services, professional indemnity, record and log the complaint refer to the RICs professional standard for further advise on complaints handling. Jon Press deals with it. Learning outcomes and training from the complaint.

36
Q

What is MADCCAPS an accyroym for some of the 10 examples of what?

A

Byelaws
Membership and registration
Accounts and Audit
Designations
Conduct
Contribution to funds
Applications and definitions
Procedure for general meetings
Subordinate boards, committees and group

1 Applications and Definitions
2. Membership and registration
3. Designations
4. Contribution to funds
5. Conduct
6. Governing Council, Officers and Staff
7. Subordinate Boards, Committees and Group
8. Procedure for General Meetings
9. Accounts and Audit
10. General

37
Q

What are the common causes of disputes?

A

Uncoordinated tender and contract documents.
Coordinated design
Money
Defects
Delays

38
Q

What is ADR?
What are the different methods of ADR

A

Alternative dispute resolution - are alternatives to the traditional binding dispute resolution procedures of litigation and arbitration. Is alternative in the sense that it is providing a faster and more economic dispute resolution procedure.
Negotiation
Meditation (Conciliation)
Adjudication

39
Q

What sort of breaches would expulsion be for from the RICS?

A

Continuous, persistant failure to comply with the RICS rules of conduct. Fraud, dishonesty, conviction of criminal offence, gross incompetence, deliberate discrimination, misappropriation of clients money.

40
Q

What insurances do you need to start up your own business ?

A

Professional Indemnity Insurance
Employers Liability
Public Liability
Building Insurance of an office premises

41
Q

What process do you need to put in place to handle clients money?

A

A principle overseas the client money accounting functions.
Accounting systems and data to be secure.
Client money must be kept separate and clearly identifiable with the word Client included in the bank account name.
Clients must always have access to funds.
The account must not be overdrawn.
We must maintain client ledgers and provide a running balance.

42
Q

What is the merit v babb case

A

Case in 2001- highlights having run off cover in place. A surveyor was sued for negligence by former client. The firm was no longer in existence therefore the individual surveyor was pursued for damages successfully.

43
Q

What must be included in a complaints handling procedure?

A

Fit for purpose (reflect size and structure of business)
made available to all staff and clients
Be understood by all staff keep records of staff training
Readily be shared complainants supplying them with a copy
regularly reviewed at senior level, record evidence of review to include reviewer details and date
Be agreed with PII brokers
Provide details of access to independent redress if firm cannot resolve the complaint
Refer to RICS complaints handling template

Review by senior member of the firm or the complaints handling officer
If not resolved can be referred to an independent third party with the authority to award redress.
ADR Methods
Professional Indemnity
Person to contact
ADR form is a Redress scheme
Complaints log
Names and contact details of the nominated investigating person must be stated.
Complaint must be investigated in 28 days
All complaints, their progress and outcomes must be recorded.
Advise pi insurers.
report to lionhearted if you can’t deal with the complaint

44
Q

What is a redress scheme

A

Form of ADR method in a complaints handling procedure which is free to consumers (customer complaints) person outside any course of business of their own. Redress = the setting right of what is wrong.

45
Q

What is a fellowship member of the RICS

A

An honoured class of membership awarded on the basis of individual achievement within the profession.

46
Q

What professional document is there in relation to complaints handling?

A

The RICS professional standard document on complaints handling

47
Q

What would a client complain about?

A

Expectations around quality, scope, timeliness or understanding of services or advice provided by surveyor.

48
Q

What are the CDP requirements?

A

Continuing professional development. 20 Hours formal and 20 hours informal. Refer to the formal CPD decision tree. Eg topic focused, structured programme, learning objectives enhance my knowledge, learning by interacting with others, assessed by an independent person or test. Complete by 31.12 each year.

49
Q

What is the order of the rules of conduct

A
  1. honesty and integrity
  2. Competence
  3. Good quality, dilligent service
  4. Treat others with respect
  5. Public interest, responsibility, prevent harm, maintain public confidence in profession
50
Q

What’s the difference between a professional statement and guidance note

A

PS is a mandatory requirement for RICS members and regulated firms.
GN document provides users with recommendations for accepted good practice buy competent and conscientious practitioners.

51
Q

What are conflicts of interest?

A

An RICS member or regulated firm must not advise or represent a client where doing so would involve a Conflict of Interest or a significant risk of a Conflict of Interest; other than where all of those who are or may be affected have provided their prior Informed Consent. Informed Consent may be sought only where the RICS member or regulated firm is satisfied that proceeding despite a Conflict of Interest is:
in the interests of all of those who are or may be affected and
is not prohibited by law,
and that the conflict will not prevent the member or regulated firm from providing competent and diligent advice to those that may be affected.

keep records of the decision made

52
Q

What do you need if you are to act with a conflict of interest?

A

Informed consent - the party who might be affected by the conflict of interest acknowledges exsitance of that risk but instructs a regulated firm or individual RICS member to proceed despite the risk. The affected party can only give informed consent if the person explaining the position to them is entirely transparent about any material factors and sure that the part affected understands what they are doing. Appendix A of rice conflicts of interest document has informed consent template.

53
Q

If you get informed consent from all affected parties do you have to continue with work?

A

No member/firm must exercise profession judgement

54
Q

What is contained in a business plan?

A

an executive summary
a business description
a market analysis and strategy
a marketing and sales plan
an analysis of the competition, including their services
an operating plan
detail of company structure
financial analysis
objectives or goals
summary of the strategy.

Analysis (SWOT) identify internal and external factors that affect performance to understand current and future potential. PESTLE Analysis Political, econironmental, social, technological, legal, economical

55
Q

What is your companies USP values and mission statement and growth in revenue?

A

One Team to fit every project multi dislike.

Purpose driven business

Growth £6m in last 4 years revenue

56
Q

What are recent hot topics

A

Changes in higher risk buildings regulators.
18-22 November RICS is participating in 29th conference of parties COP29. Influence on sustainability and decarbonise the built environment, built climate resilience and purpose and protect biodiversity and embed circular economy.

57
Q

What does RICS stand for?

A

Royal institution of chartered surveyors - global professional body in the built environment.

58
Q

What is ethics ?

A

Set of moral values.

59
Q

What are rules?

A

Rules of conduct are a framework to adhere to.

60
Q

What is professional indemnity insurance?

A

Insures you against negligence service or advice to clients. .

61
Q

What is negligence?

A

Failure to provide duty of care.

62
Q

What would you do if the client requests to reduce your fee proposal.

A

Acknowledge the request,
investigate whether there has been a decrease in the scope or change in service .
review alongside the scope of services being provided, and if you feel there could be grounds for a reduction (if the scope has reduced or time spent is less than intended) communicate this but if not,

explain why the quotation is valid and cannot be reduced.
also depends on the fee calculation (percentage, time charge, fixed fee) in line with rule 3 - providing a diligent service, constant reductions drives the ‘race to the bottom culture’ and undermines the profession.

63
Q

What are the roles or purpose of the rics ?

A

A global professional, standards and regulatory body
Ensure professionals act in the public interest
Provide support to members
secure the advancement and usefulness of the profession for the public advantage
Setting standards and assuring these standards are in the public interest
delivering support

Develop members professionals skills and knowledge
Expand opportunities for memevers to apply professional skills