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APC > Mandatory > Flashcards

Mandatory Flashcards

1
Q

when was the RICS founded?

A

1881

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2
Q

current membership members

A

140,000 qualified and trainee members

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3
Q

what are the 4 levels of membership

A

FRICS
MRICS
assocoRICS
trainee/student

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4
Q

what are the major challenges facing the RICS and recent initiatives?

A

diversity and inclusion

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5
Q

what is RICS governed by

A

governed under terms of royal charter

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6
Q

how many specialist professional groups are there?

A

17- covering property land and construction.

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7
Q

who is current CEO of RICS?

A

justin young

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8
Q

current president of RICS?

A

Tina Paillet- also chairs governing council

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9
Q

RICS- 3 main roles

A
  1. maintain highest standards of education and training.
  2. to protect consumers through strict regulations or professional standards.
  3. leading source of info and independent advice on land property construction and associated environmental issues.
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10
Q

what is the Bichard Review

A

following independant review of internal governance failings within RICS in 2021. Lord Bichard commisioned to undertake further review.

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11
Q

what was included in the Bichard Review

A

36 recommendations including-
1. increased focus on public interest including amending the Royal Charter and creating public interest panel to advise governing council.
2. maintaining self regulation.
3. increased focus on diversity and inclusion.

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12
Q

difference between diversity and inclusion

A

diversity- variation in gender, ethnicity, age, and education.
inclusion- strategies and procedures organisations implement to integrate everyone, ensuring their differences coexist beneficially.

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13
Q

what are the 5 rules of conduct

A
  1. members and firms act with honesty and integrity.
  2. members and firms must maintain competence
  3. members and firms provide good quality and diligent service.
  4. members and firms treat others with respect and encourage diversity and inclusion
  5. members and firms act in the public interest.
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14
Q

decision tree format/questions

A

do you have sufficient facts
is it legal
is it in line with RICS rules of conduct
have you consulted with appropriate people to make informed decision
do you have clear reasoning in reaching your decision

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15
Q

purpose of decision tree

A

framework of questions when facing an unethical dilemma. encourages thinking of if its in line with RICS.

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16
Q

Colliers anti bribery procedures and gifts requirements?

A

proportionality
Can never accept cash, no matter the amount. Always act with honesty and integrity in-line with rules of conduct.

  • Under £30 don’t report
  • £30-60 gifts register
  • £60-200 authorisation by director sign off and add to register
  • £200+ authorisation as above + compliance officer
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17
Q

What’re estate agents legal obligations in relation to Money Laundering?

A
  • Individuals/businesses need to be approved and remain registered by HMRC in order to trade
  • Customer DD checks – check on buyers, landlords and tenants to identify/ verify client using passport, driving licence.
    For company- company name, registered address, names of directors. Bank statements 3 months
  • Enhanced DD checks undertaken if red flags occur at CDD. Detailed examination into background, increased monitoring. Usually required where you’ve got a relationship who is established in a high risk 3rd world country or politically exposed person
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18
Q

What is money laundering?

A

Money laundering = when proceeds of criminal activities are disguised or converted into legitimate assets

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19
Q

What is a bribe?

A

Bribe = giving, receiving or offering an advantage such as payment or a gift for an action that is illegal or breach of trust

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20
Q

What is the purpose / key compliance of the Bribery Act (2010)?

A
  • Aims to reduce bribery in UK and abroad. Based on 6 principles:
    1. Proportionality
    2. Top level commitment
    3. Risk assessment
    4. Due diligence
    5. Communication
    6. Monitoring & Review

4 Offences:
1. Bribing
2. Receiving a bribe
3. Failing to prevent bribery
4. Bribing a public official

Serious fraud office

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21
Q

What’re the requirements and information requirements for RICS registration?

A
  • Require the firm to register with the RICS:
  • 50% principles are RICS then you must
  • 25% principles then you can
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22
Q

What themes did the Bichard Review recommend?

A

5 key themes: governance, strategy, culture, values and members service

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23
Q

Why was the Bichard review undertaken?

A
  • Following an independent review of internal governance by Alison Levitt in 2021- RICS commissioned the Bichard review to:
  • Clarify the purpose of the RICS – recommendations on governance structure, future culture and strategy
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24
Q

What are the benefits to clients of you being regulated?

A
  • Confidence in quality
  • PII cover
  • Complaints handling procedures
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25
Q

What are the benefits of being a member of RICS for firms and members?

A
  1. Status
  2. Recognition
  3. Market advantage
  4. Knowledge
  5. Network
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26
Q

What is the role of the RICS?

A
  • Role of the RICS is to promote and enforce the highest professional qualifications and standards in real estate
    3 main roles:
    1. Maintain highest standards in education and training
    2. Protect consumers through regulation
    3. Leading source of information
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27
Q

How would you start a practice?

A

There are both RICS and Statutory Compliance that must be met.
RICS Compliance:
1. Inform RICS by completing a Firm Details Form
2. Appoint a Responsible Principal for all RICS communication- makes sure RICS’ professional, technical and ethical standards are applied upheld and supported.
3. KEY- Arrange PI insurance and send details to RICS
4. Set up procedures for Client Money Handling incl. a protection scheme
5. KEY- Register for Valuer Registration Scheme (VRS)
6. KEY Set up Complaints Log & appoint Complaints Handling Officer (CHO)
7. Use RICS logo kit
8. Plan for succession
9. Ensure CPD logged for members
10. Ensure completion of RICS annual return (eo each year)

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28
Q

What’re the penalties for a failure to comply with AML?

A
  • Money Laundering assistance = up to 14 years and unlimited fine
  • TIPPING OFF a suspect = 5 years and unlimited fine
  • Report to the National Crime Agency
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29
Q

What was the reason for the new RoC (2022)?

A

RICS rationale for changes into a new rules of conduct (was code of conduct and ethical standards):
* Simpler structure
* Clear examples
* Focusing on respect and D&I
* Technology
* Tackling global issues e.g. ESG

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30
Q

Can you negotiate on fees?

A

Yes, as long as you are not price fixing or fee cutting, and any agreement is stated in the terms of engagement
Not for a valuation unless scope of works changes

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31
Q

What are minimum CPD requirements? What types of CPD are there?

A

Minimum of 20 hours (10 must be formal) – must be recorded and logged onto the RICS system
Maintain understanding of RoC every 3 years
Formal CPD = structured learning with clear objectives
Informal CPD = self managed learning or that is relevant to professional role

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32
Q

Is Surveying Safely mandatory?

A

no guidance

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33
Q

What’s new in the second edition of Surveying Safely?

A
  1. Safe Person - each individual responsible for self, colleague and others‘ health and safety while at work
  2. Safe employers - must
    i. Safe working environment
    ii. Safe equipment
    iii. Safe systems
    iv. Competent staff
  3. Seeks to ensure individuals take responsibility for their own actions and have the tools needed to do job safely
  4. Legal duties including around asbestos as 2012 regs
  5. Audit template for members
  6. Update on fire safety advice
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34
Q

Three examples of what you would do before leaving the office on inspection from a Health and Safety perspective?

A
  1. I would arrange the inspection
  2. Inform clients
  3. Ensure my phone is charged
  4. Put in calendar online
  5. Take necessary PPE
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35
Q

What is Radon and how can you mitigate the risk?

A

Colourless and odourless radioactive gas from the ground

Seal cracks in floor etc

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36
Q

What are the CDM regs?

A

Construction design and Management Regulations 2015- criminal offence to breach.

Health and Safety of all parties when on site

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37
Q

How do you know your hard hat is safe to use?

A
  1. Expiry date in the hat
  2. Visual inspection
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38
Q

How would you know what might be appropriate PPE for inspection?

A
  1. Contact and ask site manager
  2. Refer to Surveying safely which provides advice on how to identify and mitigate risks and hazard
  3. So I would undertake a risk assessment and mitigate accordingly
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39
Q

What else is required if over 5 people in size for HSE risk assessment?

A

A Written H&S Policy Document outlining organisations commitments and assessments

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39
Q

Colliers Lone Working Policy

A

calendars up to date
intended timings
told supervisor
phone full power

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39
Q

What is in a HSE risk assessment? How often undertaken one?

What else do employers have to ensure if over 5 members?

A

Legal requirement if firm is over 5 employees

Five steps
i. Identify hazards
ii. Identify people at risk from hazard
iii. Evaluate the risk of it happening
iv. Record the findings
v. Review assessment annually

Health and safety policy document
Organisations commitment to H&S
Health and safety structure

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39
Q

What does the Health and Safety at Work Act 1974 as amended state?

A
  1. Duty of every employer to ensure health and safety of all employees at work
  2. Employers must
    i. Report injuries and dangerous occurrences
    ii. Must undertake record and regularly review risk assessments
    iii. Hazard = anything that causes harm, Risk = likelihood
    iv. Detailed H&S info to be held on site
  3. Duty of employees to look after self and others
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40
Q

What H&S statute are you aware of?

A

i. Health and Safety at Work Act 1974
v. Equality Act 2010
vi. Fire Risk Management Regulatory Reform (Fire Safety) Order 2005
vii. The Control of Asbestos Regulations 2012

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41
Q

Difference between Hazardous and Deleterious materials?

A

Deleterious are materials harmful to buildings, environment or health

Hazardous are deleterious materials harmful to health

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42
Q

Commercial implications of finding asbestos?

A
  1. Expensive to deal with
  2. Liability under Occupiers Liability Act, Asbestos Regulations…
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43
Q

When would you not expect asbestos to be in a building?

A

From 2000 onwards

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44
Q

How might you research asbestos in a building?

A
  1. Surveying safely outlines common places to find Asbestos and best practice
  2. It’s age
  3. Asbestos Register
  4. Asbestos Management or Refurb/Demolition survey
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45
Q

Names and colours of the three types of asbestos

A
  1. Crocidolite – Blue
  2. Amosite – Brown
  3. Chrysotile - White
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46
Q
  1. How do you ascertain if a property is safe for an incoming tenant?
A

Ask if a Fire Risk Assessment had been undertaken

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47
Q

Use of Social Media guidance and give me an example of social media used wrong

A

Use of Social Media: Guidance for RICS Members

posting a post on your personal or work social media account being sexist/ racist. impacting reputation of RICS and members

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48
Q

3 types of conflict avoidance

A

conflict avoidance- is the conflict irresolvable because impartiality compromised- or can it be measured?

written advice to both parties- set out in writing disclosure of conflict- written confirmation from both parties

conflict management- information barrier where the conflicts are

49
Q

Conflicts of Interest- what is the Professional Standard? and what are the tree types of CofI

A

Conflicts of Interest-2017

Party Conflicts- work on the same/related instruction for 2 parties

Own Interest Conflict- personal interest

Confidential Informational Conflict- work between 2 parties this is confidential

50
Q

when is there a claim for negligence?

A

reasonable care and skill breached and there is a loss= negligence claim= PI insurance cover

51
Q

what is the PI Insurance cover

A

Minimum requirement for firms:

firms turnover of £100,000 or less- min PI cover= £250,000
£100,000 to £200,000 = £500,000 PI cover
£200,000 and more= £1,000,000 PI cover

52
Q

what PI insurance available for new firm?

A

estimate the turnover and adjust in due course

53
Q

closing a firm requirements

A

inform RICS
inform clients
return money to clients
inform insurers
keep clients files for min 6 yrs

54
Q

what are the acts for AML

A

Money Laundering Terrorist Financing and Transfer of Funds 2017
Due diligence procedure

54
Q

what to do if there’s asbestos?

A

assess the risk and produce an asbestos management plan
produce an asbestos register
make register available to relevant parties
review register regularly (6 months)

55
Q

what is a profit and loss account

A

summary of business’s income and expenditure transactions prepared on annual basis

55
Q

what is a balance sheet

A

statement of the business’s financial position- assets and liabilities at end of financial year

56
Q

forms of dispute resolution

A

negotiation, arbitration, independent expert

56
Q

what is colliers strategy and objectives

A

Build scale
Strategically acquire
Expand client relationships
Make culture count
Amplify our brand
Innovate with technology

57
Q

what is arbitration?

A

arbitrator decides a dispute acting in accordance with the arbitration act 1996

they will have specialist knowledge of subject area and highly trained

listen to both sides and issue a binding decision based on legal principles and evidence presented

appointed by RICS Dispute resolution service

fast, cost effective and confidential solution

used for rent reviews

cant be sued for negligence

58
Q

what is a independent expert?

A

specialist knowledge

appointed by RICS dispute resolution service

duty to carry out own investigations to make their decision without need for formal legal proceedings.

can be sued for negligence

fast, cost effective and confidential solution

used for rent reviews

59
Q

what is mediation?

A

neutral mediator who facilitates discussions between both parties

informal process

no decision making authority

60
Q

what act and EU regulation applied to data management

A

UK General Data Protection Regulation (GDPR)

Data protection act 2018

61
Q

what is covered in GDPR?

A

UK GDPR covered by the Data Protection Act 2018- this covered in the holes once we left the EU in 2016

empowers individuals to control how their data is used by 3rd parties.

62
Q

Diversity and Inclusion examples big firms should follow/implement

A

remove bias from recruitment
collect and publish data around diversity
staff training

63
Q

what is unconscious bias

A

everyone has. deeply ingrained outside conscious awareness/control
from experiences, upbringing, education
make sure to not adversely prejudice people.

64
Q

how can a building be modified to become more inclusive?

A

has a lift- braile

65
Q

what was published under sustainability?

A

RICS and UN Global Compact published Advancing Real Estate use and Investment 2018

it sets out how organisations can identify and address impact of activities and decision making when planning designing constructing and operating buildings

66
Q

what sustainability act was amended? in relation to net zero

A

Climate Change Act 2008 amended in 2019

UK to achieve net zero carbon by 2050. an interim target of reducing emissions by 78% by 2030.

Also states every 5 yrs a carbon budget for uk is set.

67
Q

how will buildings achieve net zero under the UK Green Building Council (UKGBC)

A
  1. establish net zero scope
  2. reduce construction impacts
  3. reduce operational energy use
  4. increase renewable energy supply
  5. offset any remaining carbon
68
Q

how long is a EPC valid?

A

10 years unless building altered.

when marketing need to have EPC

69
Q

what are the possible changes in MEES regime?

A

September 2023 prime minister proposed changes to raise MEES regulations to EPC Band C for new tenancies by 2024 and all tenancies in 2018.

min EPC rating B for all new tenancies from 2030.

no further details of implementation.

70
Q

what are developers considering changing to the buildings? sustainability

A

use of renewables- solar, heat pumps
use of natural light

71
Q

Complaints Handling Officer

A

Zoe Harris

72
Q

Complaint procedure

A
  1. put a complaint in writing
  2. colliers contact you within 2 days
  3. discussions and if not happy it will be passed on to director to be investigated
  4. 28 days for investigation, outcome will be sent to you
  5. if dissatsified with investigation conclusion, then CEO will review
  6. taken external to Property Redress Scheme if cant be agreed
73
Q

what do the RICS do the regulate members?

A

guidance notes, legislation, red book, code of measuring

APC process

CPD hours each year

74
Q

what do the RICS do to encourage people into becoming a surveyor?

A

school visits and uni visits and encourage firms to carry out their own visits

encourage other routes into surveying such as apprenticeships

75
Q

what did you learn in your anti bribery training?

A

that its an offence to receive or be paid a bribe

76
Q

key considerations to look for with a bribe?

A

proportionality- value V work, how much is it? proportionate to service providing
timing- during middle of instruction? this would be a risk so do not accept

77
Q

difference between confidential and sensitive data?

A

confidential- cant be accessed by anyone- includes personal info

sensitive data- highly confidential would cause significant harm if leaked- includes financial info and health data

78
Q

advice for ETHICS L3 Retail Valuation- North London

A

in line with rule 1 code of conduct I advised my client that my initial value was correct and there wasnt sufficient grounds to adjust my valuation

communicated, assessed, gave professional judgement and was honest with my outcome that nothing would be altered.

79
Q

advice for ETHICS L3 Terms of Engagement

A

advised on the complaints handling procedure, the steps involved
in line with rule 5 of code of conduct

80
Q

ETHICS- give two example of how you adhere to rules of conduct

A
  1. act with honest and integrity with giving valuation advice. if client asked for me to review the valuation, i would be honest and say im happy with the report id already given.
  2. encourage diversity and inclusion- went on university visits to encourage younger generation to take up property as a career and encourage women into property.
81
Q

what do you do if client gave you gift.

A

if under £30 and not cash i would accept however would always check with my line manager

If above £30 add to gift register but at every stage I would check with line manager.

82
Q

what to do if faced with a ethical decision.

A

resort to the ethical decision tree and RICS confidential hotline

83
Q

bribery risk assessment

A
84
Q

how would you establish a fee?

A

scope of instruction so if desktop valuation or valuation report.

can never price fix or fee cut

don’t undercut another firm

85
Q

if sole practitioner how do you set up complaints handling officer?

A

ask another surveying firm for officer

86
Q

who police bribery act 2010 and maximum penalty

A

Policed by Serious Fraud Office

  • Maximum penalty of 10yrs imprisonment and unlimited fine
87
Q

when do you do before an instruction?

A

check competent
there are no conflicts- act impartial and objectively
confirms Tof E in writing

87
Q

what must you do/have if there is a conflict that you would think you can work past?

A

letter of informed consent in writing, signed by both parties that they are happy with the conflict

88
Q

who is protected by PI cover if the duty of care is breached and damages claimed?

A

client, surveyor and 3rd parties if involved

89
Q

what happens if a firm closes, what do you do about PI cover?

A

there should be run off cover- minimum of 6 years PI insurance cover however RICS recommend 15 years cover.

90
Q

what is Colliers PI cover?

A

commercially sensitive information so i cant give that to you however it is between £3-7m

91
Q

what are the requirements with handling client money?

A

client accounts must be kept seperatly
the name of client on bank account
client has access to money at all times
account must be kept in credit

92
Q

3 conflicts examples?

A

personal interest
commercial relationship
dual agency- (illegal to be seller and buyer)

93
Q

when would you hold client money?

A

rent deposits
rent payments
business rates
service charge

93
Q

money laundering legislation

A

money laundering, terrorist financing and transfer of funds regulations 2017

regulations require letting agents to register with HMRC if they let individual properties for more than the equivalent of 10,000 EUROS

94
Q

RED flags in order to carry out EDD?

A
  1. Inability to provide passport/ documents
  2. unexpected urgency
  3. payment of fees in unusual currency
  4. loss making
  5. frequent changes to different party
95
Q

PI cover for uninsured excess

A

firms turnover of:
- up to 10m - max 2.5% of the sum insured

  • over 10m- no set limit
96
Q

how to check for money laundering?

A

internal complaint team check details

97
Q

what are good negotiation skills?

A
  • detailed research and preparation before negotiation
  • understand the other party’s position
  • consider the method of communication
  • preparing win win and fall back position
  • always maintain communication
98
Q

how did you communicate with the VOA in Negotiation example?

A

email exchange was communication used.

justified my reduction based on comparable evidence

99
Q

difference between balance sheet and profit and loss statement?

A

balance sheet- statement of businesses financial position at end of the financial year showing assets and liabilities.
assets include: property, cash

profit and loss account- summary of business’s income and expenditure transactions prepared on annual basis.

100
Q

what are the statutory and non statutory methods of dispute resolution?

A

negotiation- free, effective, quick

litigation- formal legal process uses civil legal system adopts rules applied by the courts

101
Q

whats included in the equality act 2010?

A

sex, age, disability, race, religion

102
Q

MEES exemptions?

A

if building does not need an EPC e.g. place of worship

where tenancy for more than 99 yrs

103
Q

what is BREEAM?

A

a voluntary environmental assessment tool to rate new, refurb and operational buildings

9 categories: water use, transport links, waste management, health and well being, energy consumption

104
Q

Name a few ADRs (alternative dispute resolution)

A

Arbitration
Independent expert
Mediation

105
Q

What does EBITDA stand for?

A

Earnings before interest tax depreciation and amortisation

106
Q

What does EBITDA mean?

A

Tells you how much revenue left after paying for taxes etc

107
Q

What does amortisation stand for in EBITDA

A

Expiring of intangible assets such as copyright

108
Q

Difference between inclusivity and equity?

A

Inclusivity- means everyone treated equal and the same.

Equity- means everyone receives specific requirements based on their own difficulties challenges.

109
Q

What is the equality act?

A

Act to ensure individuals are not discriminated against in society and workplace.

110
Q

What is the difference between rules and ethics?

A

Rules are laws we have to abide by.

Ethics are moral compass that we as individuals follow.

111
Q

Give me an example of how you had regard for RICS surveying safely during your inspections?

A

risk assessment before on site- check safety of journey

PPE to wear on site

112
Q

mediator

A

no decision making authority

facilitates discussions between two parties

doesn’t have to be a specialist in that area

113
Q

how do you comply with you firms Health and Safety at Work Policy?

A

ensure carry out risk assessment before inspection,
wear correct PPE when on site,
always notify where i am on inspection whilst bringing a mobile phone

114
Q

what knowledge do you have of complying with Health & Safety at Work Act (1974)?

A

i am aware of the fire exit routes within my workplace.

legal requirement for companies bigger then 5 people must carry out risk assessments of all their significant hazards

115
Q

example of balance sheet

A

assets- property, cash

liabilities- debts

116
Q

example of profit and loss statement

A

goods
rent

117
Q
A

APC (8 decks)

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