Mandatory Competency - Flash Cards - Hot topics

1
Q

What is the existing UK procurement legislation?

A

Public Contract Regulations 2015 - Public clients must abide by this to ensure value for money is achieved. It defines contract thresholds and when contracts are to be published on contracts finder.

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2
Q

What are the new procurement laws in the UK and when are they being implemented?

A

The Procurement Act 2023, 24th February 2025.

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3
Q

What are the key objectives of the Procurement Act 2023?

A

Regular assessment of supplier performance against KPIs. Aim is to create a more efficient, transparent and value driven system.

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4
Q

What is the key aspect of the Grenfell phase 2 report?

A

Identified that all deaths could have been avoidable. Looked at the process leading up to the event - failings of the government, LA, manufacturers, BBA, management of fire safety in the building.

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5
Q

What are some of the recommendations following the Grenfell phase 2 report?

A

Made recommendations to form single construction industry regulator, further review approved doc B, regulators put in place for FRA and fire engineering.

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6
Q

What is the role of the Building Regulations PD?

A

BSA or B.Regs Principal Designer duty holder must take all reasonable steps to ensure the design work on a project is co-ordinated to demonstrate compliance with the Building Regulations

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7
Q

What are the key responsibilities of the BR PD?

A

Plan, manage, monitor design work in the design stage, take reasonable steps to ensure all design work is monitored to ensure if built it complies with the building regulations, liaise and she information with principle contractor.

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8
Q

What is the responsibility of a BR Principle Contractor?

A

Principle contractor appointed where there is more than one contractor, take responsibility for the site and manage the flow of information. Have a arrangements to monitor and record works to ensure they comply with the law. Be able to communicate with PD to agree any design changes.

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9
Q

What are you advising clients the requirements of the Building Regulations PD are?

A

Must have the skills, knowledge, experience and behaviours nessassairy to fulfil the responsibilities, ensuring building safety and compliance with the building regulations as set out in the PAS 8671 requirements document.

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10
Q

What are the risks of appointing an external PD?

A

That they may not be able to monitor the design as closely as an in house PD, collaboration and communication with the design team is key.

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11
Q

What is the BR PD responsible for issuing?

A

Provide a signed compliance declaration within five days of completion of the work confirming it has fulfilled its responsibilities.

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12
Q

What law surrounds mould growth in LA residential accommodation?

A

Awaab’s Law - Requires social housing providers to rectify mould issues in strict timelines. Act such as the Homes (fitness for habitation) Act 2018 detail standards that social landlords must meet. Landlord & Tenant Act.

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13
Q

What is approved document T and when was it implemented?

A

Approved document T is for toilet accommodation, building on Part M and the access requirements. It takes affect from 1st October 2024.

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14
Q

What is RAAC?

A

Reinforced Airated Autoclaved Concrete - Use commonly used as roof or wall panels.

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15
Q

Why is RAAC a concern?

A

Can fail without warning due to several reasons; no aggregate within the concrete to bind strength, affects if water penetrates corroding rebar, if the bearing capacity is not sufficient.

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16
Q

Can a Chartered Building Surveyor advise on RAAC?

A

A CBS can identify RAAC only if they have the relevant experience / training, any work requirements will need to be referred to a structural engineer.

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17
Q

What is the BSA 2022?

A

Act created clear framework for design, construction and Managment of safer and higher quality homes. Ensure building safety is paramount following Grenfell Tower tragedy.

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18
Q

What are the key themes of the BSA 2022?

A

Duty holder responsibilities - client, PC, BSA PD. Building safety Regulator - HSE for all high risk. Golden thread of information - Accurate recording and availability of information. Amendments to RRFSO - Improve and simplify responsible persons duties.

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19
Q

What are some of the key changes to JCT 2024 suite of contracts?

A

Modernised language changed to gender neutral, utilise email addresses for serving of notices, updates associated with BSA 2022 including clauses to identify PD and PC and require employer to comply with Building Regulations, additional RE and RM for epidemics and asbestos, extension of time to be decided in 8 weeks rather than 12, D&B confirms that designs are to be carried out with reasonable skill and care rather than fitness for purpose.

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20
Q

What is the difference between fit for purpose and reasonable skill and care?

A

Fit for purpose - works must be good enough to do the job they were intended to do, absolute obligation. Reasonable skill and care - Duty to exercise the level of skill and care expected of a reasonably competent member of the profession.

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21
Q

What is the building safety regulator?

A

The BSR has been setup by the HSE to make high residential buildings safer. The BSR will oversee the safety and standards of all buildings, promote competence across the industry and prioritize residents safety. The BRS will manage Building Control on HRBs.

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22
Q

What are new requirements for building control surveyors?

A

Both approvers and inspectors must be registered with the Building Safety Regulator. This will define the category of building and class each approver / inspector can work on.

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23
Q

What is the new name for approved inspectors?

A

Registered building control approvers

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24
Q

What is the new name for local authority building control inspectors?

A

Registered building control inspectors

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25
Q

What are some of the key changes to Approved document B?

A

Two escape stairwells needed in high risk, sprinkler systems needed in blocks of flats over 11m in height, wayfinding signage should be provided for the fire service for blocks of flats with a top story more then 11m.

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26
Q

What does reasonable skill and care mean?

A

Completing a piece of work or providing a service to a reasonable standard expected by a professional.

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27
Q

What does fitness for purpose mean?

A

Providing work or services to the standard they are intended to be used, this is an obligation making designers liable if the design does not work exactly for its intended purpose. More onerous oblighation put on the designer.

28
Q

How will the Labour 2024 Autum Budget impact the industry and RICS members?

A

Drive in demand for investment in housing and development, also GB Energy infrastructure, and retrofit / energy efficiency solutions, increased funding for schools, funding for building safety remediation following Grenfell.

29
Q

What did the RICS recently publish on the Labour 2024 Autum budget?

A

RICS provided a news insight responding to the 2024 Autum Budget.

30
Q

Where would you find guidance on social media posts?

A

RICS Regulation on Use of social media - Sep 2024 - Refers to relevant sections of riles of conducts (rule 1, 4 & 5), Covers case studies, and what is considered when concerns of social media use are raised.

31
Q

Please explain your understanding of the recent RICS PII cover changes around Fire Safety?

A

UK and Ireland sperate, added fire safety claims for professional services for building of 5 stories and above; negligence, error, on or after 1st July 2024, cover in aggregate. External wall assessments and fire risk appraisals of external walls have also been added.

32
Q

What is the RICS Inclusive Employer Quality Mark?

A

Scheme designed to improve diversity and inclusion within the property and construction sector. Employer pledge their commitment to adopt and improve 6 principles including staff development, retention, engagement. Participating firms can use the branding.

33
Q

What are pros and cons of hybrid working?

A

A: improved work life balance, saved commuting time and cost, increased efficiencies, save office space. D: Loss of social connection, reduced collaboration, risk of burnout.

34
Q

Explain Hart Vs Large case law?

A

Dispute between purchasers and surveyor. Purchaser experienced damp not noted in survey, surveyor negligent as they failed to identify damp issue. Important as surveyors should highlight areas not inspected and ensure competency.

35
Q

Explain understanding of Bichard Review?

A

Following Levitt review, commissioned by governing board into purpose, governing and strategy of RICS. 36 recommendations including improved technology, setup of diversity and inclusion board, RICS matrix should have a stronger voice through the governance structure

36
Q

What are the main benefits of diversity & inclusion?

A

Attract skilled professionals from diverse backgrounds, establish sense of belonging amongst employees, encourages a different range of ideas and connections.

37
Q

What are professional standards?

A

Requirements or expectations for RICS members and firms, Mandatory.

38
Q

What is practice information?

A

Supporting guidance for surveyors, best practice.

39
Q

How did Brexit affect the industry?

A

Movement of people, materials, cost increases.

40
Q

What affects had the Ukraine war had on the construction industry?

A

Driven priced up due to increase in fuel costs.

41
Q

What is ACM cladding?

A

Aluminium composite material - Two skins of aluminium with lightweight core providing insulating properties. Now banned in the UK.

42
Q

What is an EWS1?

A

External Wall System Fire Review Certificate - residential multi story when sold / bought.

43
Q

Why did the RICS rules of conduct change?

A

Implemented in February 2022. Following member, firm and public consultation the majority voted in favour of replacement. To provide a single document to provide greater clarity for members and firms. Greater focus on example behaviours, understanding evolving technology and tackling climate change.

44
Q

What are the professional obligations for members?

A

Comply with CPD requirements, comply with the RICS, provide information when requested to the S&R board.

45
Q

What are the professional obligations of firms?

A

Publish complaints handling procedure, hold appropriate PII, Sole principles must make necessary arrangements, co-oprorate with RICS, provide information when requested to the S&R board, display business literature im compliance with RICS, report any matters to RICS they are required to report under registration of Firms.

46
Q

What is COP 28?

A

Conference of parties, annual UN climate meeting, governments discuss how to limit and prepare for future climate change. Agreed to transition away from fossil fuels.

47
Q

What is the Paris agreement?

A

At the COP 21 meeting in 2015, parties agreed to prevent temp rising 1.5 over pre industrial levels.

48
Q

What is the Levitt report?

A

Commissioned following treasury management audit in 2018, RICS overdraft of £3m due to inaccurate cash flow forecasting and dismissal from management board. Recommendations included RICS Governing Council to have more oversight on internal dealings, briefed by management board rather than just CEO, are to oversee executive management bonuses.

49
Q

What is embodied carbon?

A

Carbon emissions generated as a result of energy consumption during manufacturer, transportation, assembly, deconstruction.

50
Q

Are you aware of RICS guidance covering the use of drones?

A

RICS Practice Information on applications and compliance for surveyors. Covers current industry legislation, how they can be applied and what is available.

51
Q

What legislation applied to drone operators in the UK?

A

Air Navigation Order, Data Protection. CAA cover regulation and pilots must have the required licence for certain sized drones.

52
Q

What is meant by inclusive design?

A

Aims to ensure that the differences in the way people use a building can be accommodated for through dignified, equally and intrusive use by everyone.

53
Q

What is a duty of care?

A

Refers to the legal obligation to take reasonable steps to avoid foreseeable harm to another person or their property - Avoiding negligence.

54
Q

What is the current regulations public procurement is regulated by?

A

Public Contract Regulations 2015

55
Q

What are some of the key requirements in the Public Contract Regulations 2015?

A

Sets the procedures that public contracting authorities must follow when procuring publicly by tender. Sets thresholds of tender requirements, timelines for different tender procedures, aims to ensure quality, VFM and non-discrimination.

56
Q

What is the new regulations coming in for public procurement?

A

Public Procurement Act 2023 - Will be implemented in late February 2025

57
Q

What are some of the key updates in the public procurement Act 2023?

A

Enhance efficiency, ensure fairness, deliver better VFM, ensure competition, allow buyers to meet urgent demands quickly, promote and improve transparency by granting access to public procurement data.

58
Q

What is the Construction Act 2011?

A

Officially named the Legal Democracy, Economic Development and Construction Act 2009, it amends the Housing Grants, Construction and Regeneration act 1996. Both of which provide the statutory right to payment and adjudication in construction contracts.

59
Q

What are the key differences between the construction act 1996 & 2011?

A

Key changes to adjudication: removed the requirement for contracts to be in writing and therefore lawful contracts include those that are partly in writing or wholly verbal. allowed parties to go to adjudication even if the contract was not formally agreed in writing. Adjudication must however be in writing and the referring party is no longer always liable for costs.

60
Q

What are the principles of the bribery act?

A
  1. Proportionate procedures
  2. Top level commitment
  3. Risk assessment
  4. Due diligence
  5. Communication (including training)
  6. Monitoring & reviewing
61
Q

What are the key principles of GDPR?

A
  1. Lawfulness, fairness and transparency.
  2. Purpose limitation.
  3. Data minimisation
  4. Accuracy
  5. Storage limitation
  6. Integrity and confidentiality
  7. Accountability
62
Q

What the the consequences of not complying with GDPR?

A

Fines ranging from millions to a percentage of global turnover.
Reputation damage, loss of business and disciplinary action.

63
Q

What is a locum agreement?

A

A locum is another professional who is appointed to stand in for a surveyor if they are unable to work.

64
Q

What happens if your firm is unanbel to obtain PI insurance?

A

RICS offer the assigned risks pool which can provide firms with PI when they cannot obtain it else-ware. Last report.

65
Q

What are the rights under the data protection act?

A
  1. Access your personal data held.
  2. Request correction of inaccurate data.
  3. Request deletion of your data.
  4. Restrict processing / sharing of your data.