Mandatory Flashcards
What are the most common environmental issues experienced on construction sites?
What regulations and codes of practice are you aware of that affect sustainability in construction
Building Safety 2022
Climate Change Act 2019-UK to achieve Net Zero by 2050
UK Plan for Green Industrial Revolution
Sustainability and ESG Guidance in Commercial Property 2021
What Procedures can be adopted to avoid disputes?
Clear contract documents and Terms of engagement
Effective communication between all parties
Accurate record keeping
What is workplace diversity?
Diversity in the workplace relates to the acceptance and inclusion of employees of all backgrounds
Ensuring diversity in the work place is an important asset of an organisation as it acknowledges the individual strengths of each employee and the potential they bring to the business
What are some of the advantages of a diverse team?
Increased productivity: A diversity of talent will result in a broader range of skills amongst the team and result in increased productivity
Increased creativity: differing skill sets and perspectives within the team will increase the change of generating solutions to workplace problems
Improved cultural awareness: a diverse range of cultures within the workplace allows companies to operate more effectively within a global market place. E.g. having access to an employee who speaks Mandarin will be a great asset for a company operating in China
A positive reputation: companies that have a diverse workplace are often perceived as better employers. Potential employees want an employer who accepts and is tolerant of all backgrounds and who treats their employees fairly
Please explain your understanding of inclusion within the work place?
- Inclusion within the workplace is creating an environment and culture where all company employees feel like they belong in the organisation
- This results in every employee being comfortable to voice their opinions and that no one person feels excluded in the basis of their identity
What is meant by the term unconscious bias?
refers to the associations and assumptions that a person may have about someone solely because of their race, gender or disability
These judgements are made without conscious awareness
What are some of the types of teams?
Office Teams
What are some examples of Team Working you have demonstrated?
- Listening skills
- Persuading Skills
- Discussing Skills/Presentation
In your experience, what are some common causes of disputes?
Errors and conflicting information within the tender documentation
Poorly defined change control procedures
Lack of knowledge/understanding of contractual obligations
Contract errors
4) What is an expert witness?
A witness who is an expert in their particularly field who applies their knowledge, experience and specialist training to assist the court or parties involved in disputes
They will provide their expert opinion in legal cases & disputes to assist the court in arriving at a sound and reasoned decisions
What is mediation?
Mediation is a form of dispute resolution that is entered into by the consent of both parties
A third party mediator is appointed to resolve the dispute in question and assists in a supported negotiation to reach an acceptable outcome
Mediation is an informal process allowing parties to adopt a flexible approach in reaching an outcome allowing relationships to be maintained
The mediator has no legal authority or power to insert either party to do anything and the process is not binding
What is conciliation?
Conciliation is used by mutual consent of both parties, under the ICE procedure there is no right of either party to object to the appointed conciliator
The process adopted is very similar to mediation in a supported style of negotiation
The main difference is that in the event negotiations breakdown the conciliator will prepare a recommendation setting out how the dispute should be resolved
If neither party objects to the recommendation within 1 month of the ruling, this becomes final and binding
What is adjudication?
a statutory procedure provided by a 3rd party independent adjudicator which is selected by the parties in dispute
The parties can select an expert or highlight characteristics they need to offer
The appointed expert can act in an investigative manner
No legal submission or examinations in evidence
less expensive than litigation and arbitration procedures
Outcome issued by the expert is not supported by statute with the experts powers limited to the confines of the contract
The experts outcome must be enforced by court proceedings if appealed
Name some different forms of ADR?
- Mediation
- Conciliation
- Negotiation
What are the 3 formal forms of Dispute Resolution?
1) Arbitration
2) Litigation
3) Adjudication
What would you consider to select a form of DR?
What kinds of incident are the causation of most deaths within the construction industry?
breathing in Hazardous Fumes
What is the objective for businesses in creating accounts to provide information on their financial position:
What is the equation for Profit & Loss?
Revenue – expenses
What is the purpose of the balance sheet
- To present a company’s financial information of the business and allow managers to make informed decisions about the economic position of the business
What are the 5 basic accountancy concepts:
a) Business identity
b) Going Concern
c) Monetary period
d) Accounting Period
e) Accrual
Tell me about a time you negotiated?
- Preparation
- Collated supported documentation
- Meeting with Client/Project Team
- Concessions/non-negotiable
- Staying calm
- Outcome
- Written down
What are the main principles of the Data Protection Act and the Freedom of Information Act?
Secure
Collected for specified, explicit and legitimate purposes
accurate and up to date
Fairly Lawfully and trasparently processed
adequate, relevant and limited to what is necessary
FOI
max disclusure
publish key info
promote open government
exceptions narrowly drawn
processed rapidly and fairly
min costs
What are the penalties for breaching the Data Protection Act? Who polices it?
e Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR)
The retained earnings equation is:
Beginning Retained earnings + Net Income – Dividends
What does PPE stand for?
Property, Plants Equipment
What does ‘bottom line’ refer to
Net income
What is the biggest cause of long term health issues in the construction industry?
Breathing in hazardous Dust and Fumes
What are your firms Terms of Business?
What components would you find in a Business Plan?
The vision
Objectives and goals
Strategies and actions to achieve these
What is the difference between conflict management and conflict avoidance?
Conflict of avoidance= cannot accept the instruction
CM = instruction put in place, steps taken to manage the conflict= e.g. information barrier
When should you decline an instruction?
When you feel there is a Conflict of Interest
Tell me about a dispute which you have dealt with during your work.
How can you try to diffuse a dispute? What techniques can be used for dispute avoidance?
Require, Clear, concise contract drafting
Negotiating Contract obligations
Keeping Records
What procedures does your firm implement to promote sustainability
What are the principles of client care and provide an example of when you have shown good client care?
Tell me about some health and safety legislation?
The Health and Safety Act 1974
Primary Uk legislation governing H&S
Sets out duties of employers, self-employed persons, persons in control of premises, employees, manufacturers and suppliers. They must safeguard H&S of employees and public who may be affected by their work
Enforced by the HSE. Penalties can include fines and imprisonment
WWhat is the FOI 2000?
Applies to all public bodies in England, Wales and Northern Ireland. The act relates to all information held in any form. Acknowledge request for information within 20 days.
What is the main UK data legislation and what is it?
Data Protection Act
What is the main UK legislation to ensure equality?
Equality Act 2011
What is the difference between mediation and conciliation?
The mediator is a neutral party who help to rebuild business relationships and help them to work out a solution that is mutually agreeable. There parties can directly engage in the discussions. It is non-binding and parties can revert to arbitration or litigation at any time
Conciliation has the same aims as mediation but the processes are different. The conciliator is a figure of authority the parties have turned to for guidance. The conciliator makes suggestions and the parties make final decisions
What is negotiation
Parties may through an informal private or facilitated negotiation process agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement
What is adjudication?
A UK statutory resolution procedure
Relatively quick process from submission or referral
Binding until dispute determined by litigation or arbitration
What enforces the requirement for a building contractor to contain provisions for adjudication?
The Housing Grants, Construction and Regeneration Act 1996 (So called Construction Act)
Tell me more about arbitration
Arbitrations is a procedure for the resolution of disputes which is under the control of the parries
Certain conditions must be met: a genuine dispute of difference between the parties (award must be capable of enforcement), Binding agreement to submit to arbitration in contract, Private
- 3 available procedures:
1. Documents Only (30 days)
2. Short hearinf (30 days)
3. Full Procedure (Long)
Can you explain in detail the difference between arbitration and litigation procedure?
Arbitration: procedures are governed by the Arbitration Act 1996. To arbitrate, there must be an agreement between both parties, parties have a wide degree of discretion as to the way proceedings are conducted. The procedure is similar to litigation with formal submissions by parties, expert evidence, hearings and decisions by the arbitrator
Litigation: presentation of arguments in court, public process following Civil Procedure Rules
Advantages: Parties do not pay for court or judge, process can deal with multi-party disputes, civil procedure rules aim for accessibility, speed and efficiency
What is ADR and what experience have you had dealing with disputes which have used ADR?
Tell me about the principles of mediation. How do these compare with adjudication and arbitration?
What is the Paris Agreement?
What are the management of Health and Safety at Work Regulations 1999?
Requires employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
What are the key implications of the updates to CDM-2015 regulations?
More focus on clients to put in place arrangements to ensure health and safety
Clients can no longer assign their legal responsibilities to agents
Must be a declaration of how long contractors will be given to plan and prepare for construction work
Clients deemed the principal contractor or CDM co-ordinator for any period during which other appointments aren’t made
What are three types of conflict under the RICS guidance?
“1. Party Conflict
2. Own Interest Conflict
3. Confidential Information Conflict”
“When did RICS Conflict of Interest Professional Statement take
effect from?”
1st January 2018
What are the main points to have regards to when acting as an expert witness? What guidance does the RICS provide?
Tell me about your experiences of dealing with PACT
WHat is GDPR
General Data Protection Regulation which came into force in May 2018
What are the main points set out in the RICS Practice Statement and Guidance Note for expert witnesses and advocates?
What redress systems are available to RICS members when they have a dispute?
“What does the RICS advise you should do if you wish to set up
practice after qualifying?”
“1. Register for Regulation by submitting firm detail form
2. Purchase PII and other insurance
3. Implement company policies such as H&S
4. Use RICS designation appropriately
5. Comply with regulations for holding client money
6. Have a written CHP
7. Train staff appropriately
8. Comply with legislation e.g Companies Act 85”
Who should you report bribery too?
“RICS
Serious Fraud Office”
Name some sustainable building methods?
Green Roofs
Ground source heat pumps
Air source heat pumps
What is your understanding of the term ‘Green Roofs’?
A GR is a roof covering that is partially or completely covered with vegetation that is placed over a waterproof membrane
What s a Soakaway and how do they work?
SW’s offer a mean of surface water drainage attenuation.
Please explain your understanding of the term SUDS?
sustainable Drainage Systems allow surface water to be managed as close to its source as possible by allowing SW to infiltrate into the ground where it is collected and then managed passively
What are the benefits of a BREAAM Certified Building?
BREEAM Buildings help Clients to benefit from lowering the running costs of their built assets and minimise the impact on the environment through consideration at planning, design, construction and operation phases
What is an EPC?
Energy Performance Certificate, assesses the energy efficiency of a property
What things do you implement to promote sustainability?
What is sustainability?
To meet the needs of the present without compromising the ability of future generations to meet their own needs
What are they key principles of sustainability?
Social Principles: Building Healthy communities with sufficient numbers and range of buildings
Economical- build strong, responsible, competitive economy ensuring sufficient land and right types
Environmental- contribute to protecting and enhancing our natural build and historic environment
What regulations and codes of practice govern the construction industry’s approach to sustainability?
Name some legislation relating to sustainability?
Landfill Tax- Tax on normal Land fill fees/disposal of waste- charged by weight
Climate Change Levy- introduced by 2000 Finance Bill, Tax on energy use to promote energy efficiency
- What are SKA Ratings?
- What is BREEAM?
BREEAM = Building Research Establishment Environmental Assessment Methods
What are business activities classed as
Operational
Investing
Financing
Balance Sheet
The BS presents a company’s financial position at a particular point in time, it includes a listing of the company’s assets and the claims on those assets (liabilities & equity claims)
Profit & Loss Statement
the profit and loss account, or income statement, presents the performance of a business for a specific period of time
Name your main sources of data in your professional life?
BCIS
Co-Star
What software and other systems
do you use in your professional
life??
Microsoft Office
How/where do you store data
within your organisation?
Secure Cloud System
How long should data be
retained?
only fo as along as it is necessary to demonstrate compliance for audit purposes or legisliative requirements .
What is an income statement
e income statement is a financial statement that shows a company’s profit and loss over a period of time.
What is required as part of statutory accounts
Balance sheet and Income statemen
What ratios are used to assess financial performance of an organisation
ent Ratio = Current assets/ current liabilities
Quick ratio = Quick assets/ Current Liabilities
is important to carry out budget management
To ensure that your firm has sufficient drawn down funds to meet its current and future business objectives.
What is IFRS
nternational Financial Reporting Standards
hat part of the IFRS do you have regard for in your current role
IFRS 16 is to report information that (a) faithfully represents lease transactions and (b) provides a basis for users of financial statements to assess the amount, timing and uncertainty of cash flows arising from leases.
hat is the difference between a profit and loss report and a balance sheet?
&L companies position at a moment in time, balance sheet is a statement of revenue and costs incurred over a specific length of time
w would you use a profit and loss statement
ood for decision making
See if your business is successful and see how it has grown over the period.
Identifies where you are making and losing money.
At what point do you need to start paying VAT
Income threshold of £85k
What have you read on complaints handing
y company’s complaints handling procedure
RICS Guidance Note on Complaints Handling (2016).
If you had your own company and you had complaint, how would you deal with it ?
I would seek to resolve it with the complainant
Failing this I would refer to ADR
an you give me an example of where you have received a complaint?
Complaint from D
hat negotiation techniques could you employ ?
Prepare
Pay attention to timing
Listen attentively
If you don’t you don’t get
Anticipate compromise
Offer and accept commitment
Stick to your principles
Close with confirmatio
What are the 5 steps of the negotiation process are;
reparation and Planning.
Definition of Ground Rules.
Clarification and Justification.
Bargaining and Problem Solving.
Closure and Implementation.
hat are your Client’s corporate objectives?
LGA Objectives
re you aware of any of the objectives within the RICS business plan 18-21?
Influential thought leader
Trusted by our stakeholders and society
RICS professional qualifications remain in demand
Sustainable 21st century professional body
What are they key parts of a business plan
Executive summary.
Business description.
Market analysis.
Organisation and management.
Services
Funding requirements.
Financial projections.
Appendix.
Conclusion.
Reasonability under HSA 1974
orkers have a duty to take care of their own health and safety and that of others who may be affected by your actions at work. Workers must co-operate with employers and co-workers to help everyone meet their legal requirements.
key components of surveying safely 2018
Safe person Concept- you are responsible for yourself and colleagues
Assessing risks and risk control
Corporate responsibilities and have sufficient systems to keep staff and public safe
What does CSCS stand for ?
onstruction Skills Certification Scheme
Why PPE
To ensure that I am suitable protected when attending site visits and going on inspections.
My employe
What are your responsibilities under the CDM 2015 ?
ppoint Principal designer and Principal contractor whist ensuring they have the required skills, knowledge and experience
Allow sufficient time to carry out work
Provide pre-construction information (designers risk register)
Ensure that f10 is displayed on site
What should you consider before visiting site ?
Pre-assessment:
PPE
Travelling
Lone working
Condition of property
Use/activity
Site rules
Special access
Structure
Describe Riddor process
eporting Injuries diseases and dangerous occurrences regulations (1995)
Have to report incidents if a worker is out of work for 7 days
Report to HSE within 15 days
Keep on record 3 years
hen does the H&S executive need to be informed:
roject last more than 30 construction days
With more than 20 workers working simultaneously
More than 500 per days exceeded
Works related to demolition
What form do you have to submit to the health and safety executive ?
F10 form
Principles of surveying safely
Guidance note sets out basic, good practice principles for the management of health and safety for RICS-regulated firms and RICS members.
Discusses risk control
Basic, Good practice principles for the management of health and safety for RICS regulated firms and members.
Principles for those engaged in the build environment as property professionals and includes health and safety responsibilities at a corporate level or level as individual RICS member.
at is Health Safety Executive’s guidance to Risk Assessments
ntify the Hazard
The people at Risk
Evaluating the risk, considering likelihood of any severity.
Recording the findings
Review the risk assessment regularly.
What is the risk assessment process
Identify the hazards
2 Decide who might be harmed and how
3 Evaluate the risks and decide on precautions
4 Record your findings and implement them
5 Review your assessment and update if
necessary
What are the rights under GDPR
he right to:
Decisions in relation to automated profiling etc
Access
Informed
Restrict processing
Rectification
Erase
Object
Data portability
What databases do you use
Planning portal
Costar
Land registry
What doo you do to remain GDPR compliang
here are information barriers within my company which does allow access to customer details.
Data Protection Officer
locking confidential files
hat is your company’s Health and Safety policy?
To ensure as reasonably practical the health safety and welfare of all employees and any affected persons.
Achieved by:
Safe systems of work.
Safe equipment.
Safe means of using.
Necessary information, training, instruction and supervision.
Safe places to work.
hat is the role of the Health and Safety Executive?
Polices the Health and Safety Act 1974.
Provides best practice and health and safety guidance.
Can give out fines or imprisonment.
at do you do if you find hazardous materials on site?
would recommend a specialist report and make appropriate assumptions.
Check contents of an Asbestos report / register.
What are the three types of Asbestos?
own (amosite) – banned 1985
Blue (crocidolite) – banned 1985
White (Chrysotile) – banned 1999
hat is the key asbestos legislation?
The Control of Asbestos Regulations 2012.
non compliance is a criminal offence
provides obligations to the duty holder and employer
duty holder is the owner of the premise if vacant or a tenant if holding a repairing lease.
duty holder must undertake a risk assessment
all work is to be done by a licensed contractor
asbestos register must be produced and kept up to date
hat is a ‘safe person’?
Someone who takes responsibility for their own, their colleague’s and other’s health and safety while at work.
Key points of the Fire Safety Act 2021?
equires all responsible persons to assess, manage and reduce the risks of fire posed by the structure, external walls and common areas of a building.
Fire service can take enforcement action against responsible people who fail to comply
t has happened since the Grenfell Tower tragedy?
ckett review was completed which made recommendations on the regulatory system for the future.
Fire Safety Act (2021)
Building Safety Bill (2021)
What are RICS firms obligated to provide in terms of H&S?
safe working environment
safe work equipment
safe systems of work
competent staff
What’s the difference between a risk and a hazard?
Hazard = something that can cause harm
Risk = the likelihood of something cause harm.
What did you learning in your H&S training?
he training covered both mine and my firms duties in relation to H&S.
Employer:
provide safe equipment and work environment
have and display H&S policy
Me:
be a ‘safe person’
assess what PPE is needed
assess safety prior to visiting a site as per Surveying Safely
hat is the time frame for reporting injuries to HSE?
eport within 15 days, keep record of 3 day plus injuries, keep records for 3 years
What is the RICS doing to improve sustainability?
CS action agenda:
Building Passport - data platform to host all building related data, from design and planning through to demolition.
RICS Building Carbon Database
Established World Built Environment Forum - to gather experts from the sector and share knowledge
Give example of RICS Guidance on sustaianbility
Guidance note on ‘Sustainability and Commercial Property Valuation’ 2013
Sustainability Report 2021
ny new RICS guidance on Sustainability?
Guide Note: Sustainability and ESG within Commercial Property Valuation.(in consultation)
What is your organisation’s Sistanability policy
SDGs chosen:
Good health and wellbeing
Gender Equality
Quality education
Climate action
Signed up to the World Green Building Council’s target, have to achieve net zero by 2030.
Committed to occupying assets which are net zero by 2030
Improve energy consumption
hat is the UK doing to help combat sustainability?
et Zero by 2030
Reduce GHG emissions by 68%
Government 10 point plan, create 10k jobs
Greener buildings (Green Homes Grant)
power generation sector
Greener transport
What is MEES?
Minium Energy Efficency Standards
when does MEES apply
s of April 2018 all residential and commercial new leases above E
As of April 2020 all new and existing residential leases
As of April 2023 all new and existing commercial leases
Penalties for failing to comply with MEES
Commercial
>3 months = £5k or 10% RV
<3 months = £10k or 20% RV
Residential
>3 months = £2,000
<3 months = £4,000
What are the changes to Part L and F?
art L and F closely linked, as if homes become over heated, then that will make the air uncomfortable to breath. So they go hand in hand.
Part F will need to change to ensure the right level of ventilation is supplied to ensure good indoor air quality and user comfort.
Preferred option is to reduce by 31% by 2022 and then 75-80% by 2025.
ell me about some potential changes to the MEES?
Minimum threshold of EPC could go to C in 2027, and B in 2030
Can only advertise/let properties compliant with MEES
WHy is Team Collaboration important
Pools ideas and approaches together.
at is the unconscious bias?
Subconscious social stereotypes that we have about certain people that we are unaware about.
hat is the UK GDPR?
UK’s implementation of the GDPR following Brexit.
Retained in UK Law.
Governs how UK businesses process EU residents data.
ny further information you’re aware of on Data Handling?
roposed RICS Professional Statement on Data Handling and the Prevention of Cyber Crime.
Address how surveyors collect, store and use data.
Address cyber risks posed by modern ways of working including portable devices.
What are HCC short, medium and long term goal
hort term = meeting annual targets
Medium term = gradually increasing targets, increasing staffing
Long term = Creating a better ampshire
What is the RICS business plan?
What is the Equality Act 2010?
is law which protects people from discrimination, harassment and victimisation.
What is harrassment?
omething which creates an offensive or hostile environment.
What do you need to assess/consider when looking at a building and it’s relation to inclusive environments?
Different physical and mental health issues.
Factors which can lead to social isolation.
Policy and legal requirements i.e. planning policy and building regulations?
The value it can bring to building owners and occupiers.
cost an element to consider in relation to making an environment inclusive?
Yes, reasonable test within the Equality Act 2010.
If it is financially unviable to undertake the work, then it is not reasonable to.
What does the NPPF say about inclusive environments?
tates that development needs to be designed to be inclusive - for individual, public and private buildings.
Inclusive in that the buildings are their surrounding spaces can be accessed and used by everyone.
What are the advantages of ADR?
peed
Informality
Lower cost
Confidential
Greater degree of negotiation
hat RICS documents relate to advocates?
RICS Professional Statement: Surveyor’s acting as Advocates 2017
What redress scheme does the RICS provide?
RICS Dispute Resolution Service
What is IFRS?
nternational Financial Reporting Standards
Standards based approach
International
Companies that are publicly traded on the stock exchange must follow IFRS, otherwise can to follow GAAP
What is UK GAAP?
Rules based approach
FRS 102 used for companies not following IFRS
ame some ways to provide good client care?
Communicating clearly
Seeking feedback
Developing long term relationships
Ensuring regular contact & updates
hy is it important to identify and know your client?
Tailor service to different levels of knowledge
Limit cross sell between departments
New business generation
Money laundering purposes
Understanding their business objectives
ow can you seek client feedback?
Project reviews
Satisfaction surveys
Meeting informally
Discussion groups
Quality assurance
n dealing with a typical negotiating instruction who is your general duty of care toward
My client - to do the best deal for them as a negotiator (unless acting as expert witness with a duty to the court)
hat must a firm do in relation to CHP?
gree CHP with professional indemnity insurance
Operate a written CHP
Train and make CHP available to staff
Have an RICS ADR mechanism
Agree CHP with Professional Indemnity Insurance
Provide CHP if a complaint is received
hat standard of service do RICS apply when considering a complaint about a member or firm
Reasonable Professional
