Mandatory

Question 1

What guidance did the RICS release on good practice principals for the management of health and safety in RICS regulated firms and for RICS members?

Answer 1

RICS Surveying safely, 2018.

Question 2

What is the concept of a ‘safe person’, as outlined in RICS Surveying safely, 2018?

Answer 2

Each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.

Question 3

What personal protective equipment (PPE) should a surveyor consider wearing?

Answer 3

High visibility jack, protective footwear, hard hat, protective goggles, gloves, and ear defenders.

Question 4

What does your companies Lone Working Procedure say about inspecting sites alone?

Answer 4

Tell someone where you are going when you leave the office. Have a “buddy” as someone you will check in with at the end of the day if you aren’t returning to the office. Carry a charged mobile phone and personal alarm. Attempt to verify the authenticity of viewers and meet them outside the property/site before entering.

Question 5

How large does an organisation have to be to carry out a documented health and safety risk assessment?

Answer 5

Firms employing more than 5 staff.

Question 6

What are the five steps of a risk assessment?

Answer 6

Identify hazards present. Identify people at risk from the hazards e.g., employees, contractors, visitors. Evaluate the risk, considering the likelihood and severity of any accidents. Existing controls in place should be identified and evaluated. Record the findings on a suitable form. Review the risk assessment regularly.

Question 7

Can you provide an example of when you have shown good client care?

Answer 7

When undertaking a letting, I kept the prospective tenant updated throughout so they were aware as to where their application was up to.

Question 8

What procedures are required to be in place if a complaint has been made?

Answer 8

RICS has issued a Guidance Note on Complaints Handling, 2016. Complaint should be acknowledged within 7 days and investigated within 28 days. Firms must include a RICS approved ADR method e.g., Centre for Dispute Resolution (CEDR) or the RICS Dispute Resolution Service.

Question 9

What is the guidance set out in RICS Complaints Handling, 2016?

Answer 9

Firm’s written complaint handing procedure (CHP) must be approved by RICS. Notify your PII insurer as soon as possible if there is a complaint as this could lead to a claim for negligence. Details of the CHP should be issued to a client at the same time as Terms of Business. Complaints log must be maintained to show the details, progress, and outcome of any complaints. Firms must include an RICS approved Alternative Dispute Resolution (ADR) mechanism in the Complaints Handling Procedure.

Question 10

If a complainant is unhappy with how the complaint has been dealt with in house, what should be done?

Answer 10

Use an independent redress scheme chosen by the firm. Name of the redress mechanism must be provided to the complainant e.g., Centre for Effective Dispute Resolution (CEDR), Property Redress Scheme and RICS Dispute Resolution Service.

Question 11

How would you prepare for a negotiation?

Answer 11

Agree your client’s objectives and negotiating strategy before starting the negotiations, detailed research and preparation, deciding what points you can concede on, and which are non-negotiable, understand the other party’s position, develop a partnership/collaborative approach, rather than an adversarial approach.

Question 12

Tell me about a time when you had to demonstrate effective communication skills?

Answer 12

When undertaking a valuation on an industrial unit in Shrewsbury, I was required to communicate with local lettings and investment agents to obtain comparable evidence. By being transparent from the outset about the purpose of my enquiry, I was able to get a strong level of engagement from the agents and ascertain the information I required.

Question 13

What key skills are useful for effective teamworking?

Answer 13

Listening, discussing, persuading, respect, helping, sharing, participating, communication and reflection.

Question 14

What is unconscious bias?

Answer 14

Learned stereotypes that are automatic, unintentional, deeply ingrained, universal, and able to influence behaviour.

Question 15

What does a balance sheet (statement of financial position) show?

Answer 15

Statement of the business’s financial position showing its assets and liabilities at a given date, usually at the end of a financial year.

Question 16

What does a profit and loss account (income statement) show?

Answer 16

Summary of the business’s income and expenditure transactions, prepared usually on an annual basis.

Question 17

What does the cash flow statement show?

Answer 17

Shows actual receipts and expenditure. It is not included in the annual accounts but is prepared for management purposes.

Question 18

What is a covenant strength?

Answer 18

Ability of a tenant to meet the covenants of the lease. Includes rents, service charge, repairing and insuring obligations and statutory obligations.

Question 19

What is a SWOT analysis?

Answer 19

Shows the strengths, weaknesses, opportunities, and threats to a business.

Question 20

What can you do to try and avoid conflict?

Answer 20

Clear, concise, and careful drafting of the contract or lease and associated documentation. Understanding what could go wrong or how misinterpretation between parties might arise. Managing all parties’ expectations by understanding their objectives and clearly communicating these, as well as implementing ‘early warning systems’, including serving of appropriate notices. Negotiating contractual obligation carefully and transparently will help to avoid later conflict or at least enable their efficient resolution. Keeping good records with a sufficient level of detail can often help to resolve conflicts before they escalate.

Question 21

What are the three main processes available in resolving disputes?

Answer 21

Negotiation: problem-solving efforts of the parties themselves. Mediation or conciliation: third party intervention which does not bind the parties to a decision but assists them to resolve difficulties. Adjudicative processes: an outcome determined by a third party, such as litigation or arbitration.

Question 22

What are the advantages of Alternative Dispute Resolution (ADR)?

Answer 22

Speed, informality, opportunity for negotiation, cheaper and confidential.

Question 23

What is arbitration?

Answer 23

Arbitrator appointed in a quasi-judicial role in accordance with the Arbitration Act 1996. Parties are bound by the decision. Can order a hearing or consider written representations. Will have specialist knowledge in the subject area. Cannot be sued for negligence but their decision can be over-ruled by the Court of appeal on a point of law only. Offers a fast, cost effective and confidential solution to a dispute. Surveyors can act as an arbitrator having passed the Chartered Institute of Arbitrators exams.

Question 24

What is independent expert determination?

Answer 24

Independent expert is appointed by the two parties (or by President of the RICS undertaken by the RICS Dispute Resolution Service). Expert has knowledge on the subject matter of the dispute. Both parties are bound by the decision. Independent expert is appointed to investigate the dispute and receive evidence from both parties. They can use their own opinion or evidence to decide upon the award. Process offers speed and specialist knowledge in the solution.

Question 25

What is the difference between arbitration and independent expert determination?

Answer 25

Arbitrator is governed by the Arbitration Act 1996, whereas Independent Experts are governed by Common Law. Arbitrator can only make decisions based on parties’ submission, whereas Independent Experts can make appropriate investigations and use their own expert judgement. Arbitrator has freedom to decide how the fees and costs are apportioned between the parties, whereas parties can decide how Independent Expert fees are apportioned. Arbitrator is not liable for negligence and cannot be sued, whereas an Independent Expert can be liable for liable. Ability to appeal arbitration under a point of law, whereas there is no right of appeal against an Independent Expert determination.

Question 26

What is GDPR?

Answer 26

General data protection regulation (2018). Relates to personal data. Aims to create a single data protection regime for anyone doing business in the EU and to empower individuals to take control of how their data is used by third parties. Gives people stronger rights to be informed about how their personal information is used.

Question 27

What are the key requirements under GDPR?

Answer 27

Obligation to conduction data protection impact assessments for high risk holding of data. New rights for individuals to have access to information on what personal data is held and to have it erased. A data controller decides how and why personal data is processed and is directly responsible for GDPR. ‘Data accountability’ ensuring that organisations can prove to the Information Commissioners Office (ICO) how they comply with the new regulations.

Question 28

When should you decline an instruction?

Answer 28

If there is a Conflict of Interest. If the job is outside your scope of competence. If you do not have the adequate Professional Indemnity Insurance. If the thing proposed is illegal.

Question 29

What is the Freedom of Information Act 2000?

Answer 29

Act of parliament that creates a public ‘right of access’ to information held by public authorities. There are exemptions to this whoever, such as court records, national security and information that was provided ‘in confidence.’

Question 30

What is a liability cap?

Answer 30

This is a contractual agreement between member and client, restrict the amount of damages that can be claimed up to an agreed amount.