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RICS APC Commercial Real Estate S1 2024 > Mandatory - Ethics, Rules and Professional Conduct (L3) > Flashcards

Mandatory - Ethics, Rules and Professional Conduct (L3) Flashcards

1
Q

When was the RICS Founded?

A

The Royal Institute of Chartered Surveyors was founded in 1868

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2
Q

In what year did the RICS receive its Royal Charter?

A

They received their royal charter in 1881

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3
Q

What are the four membership levels (starting with the most junior)?

A
  1. Trainee Member
  2. AssocRICS
  3. MRICS
  4. FRICS
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4
Q

How do you become a Fellow of the RICS?

A

You must submit evidence of achievement of four fellowship characteristics, which are:

  • 5 years or more as an MRICS
  • A leadership role in the industry
  • Professional Technical Achievement
  • Academic Achievement
  • Raising the profile of the RICS
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5
Q

Who is the Current President of the RICS? And when was she in power from?

A

Tina Paillet on 1st Jan 2024

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6
Q

Who is the Current Chief Executive Officer of the RICS in the UK

A

Justin Young - 5th July 2023

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7
Q

What is the Governing Structure of the RICS?

A

Currently, the Governing Council is in charge of the management of the RICS. Consists of 21 members

Underpinned by various boards and committees. The Standards and Regulation Board is accountable to Governing Council, but not directed by them.

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8
Q

What are the major challenges currently facing the RICS and initiatives to address these?

A

Diversity & Inclusion: Started to collect demography data in UK & Ireland for benchmarking and target setting

Sustainability:
Granted observer status for COP28 in Dubai

Rebuilding trust in the professional for both members and public. Appointments of Tina Paillet and Justin Young recognise the importance of respecting tradition but evolving with the times.

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9
Q

What are the THREE main roles of the RICS

A
  1. Maintain highest standards of education and training
  2. Protect consumers through strict regulation and professional standards
  3. To be the leading source of information and independent advice in the field
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10
Q

What do you know about The Bichard Review?

A

Independent Review in 2021 found internal governance failings at the RICS.

Following consultation, Bichard made seven recommendations to create a clearer and more simplified structure including creation of Management Board and Standards & Regulation Board.

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11
Q

Why do you want to become a Chartered Surveyor?

A

I would like to become a member of the Royal Institution of Chartered Surveyors because it would provide me with increased credibility in the eyes of my clients, help me maintain and further my professional competency, and provide me with access to a network of 140,000 property professionals worldwide

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12
Q

Mentioned in summary of experience

What are the 5 RICS Rules of Conduct (2022)?

A
  1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS
  2. Members and firms must maintain their professional competency and ensure that services are provided by competent individuals who have the necessary expertise
  3. Members and firms must provide good-quality and diligent service
  4. Members and firms must treat others with respect and encourage diversity and inclusion
  5. Members and firms must act in the public interest, take responsibility for their actions and maintain confidence in their profession
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13
Q

What’s the Role of the RICS, according to the RICS Rules of Conduct (2022)?

A

Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage, and the practice of surveying is defined as including ‘securing the optimal use of land and its associated resources to meet social and economic needs’.

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14
Q

What are the Benefits of Being an RICS Regulated Firm?

A

The RICS State three benefits of regulation for firms: “CPS”

  1. Confidence - for clients as regulated firms are controlled by RICS Regulation.
  2. Professionalism – firms will have to provide clear, impartial and expert advice.
  3. Security – firms have to have a recognised complaints handling procedure, access to free independent redress and PII cover.

“CPS”

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15
Q

What are the Requirements for Registration as an RICS Regulated Firm?

A
  • After April 2020, the criteria require firms to have at least 25% of their principals as RICS qualified, and there is the requirement for a responsible principal to provide accountability and engagement with RICS standards and regulations.
  • Firms can be corporations, limited liability partnerships or sole practitioner, partnerships.
  • There are strict rules on the use of the RICS logo. Firms that are registered have to use the “Registered by RICS” designation.
  • Firms that provide a surveying service to the public are required to register for regulation to ensure there is a benchmark of quality for all firms.
  • Regulation provides a Gold Standard of quality for clients
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16
Q

Is your firm regulated by the RICS, and if so what level of PI insurance do you have?

A

Yes - cover in the form of three liability caps:

up to £5m
up to £10m
up to £20m

Extra cover can be bought for assets above this

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17
Q

If a breach of Conduct is Referred to the Disciplinary Hearing, what Penalties can be Imposed on the Breaching Party?

A

Referral to the Disciplinary panel is used for more serious breaches, the head of regulation can consider that a hearing is required under the discipline rules, 50% of this panel are lay members (i.e. not RICS). Penalties can be:

  • Issue a consent order
  • Impose an unlimited (but proportionate) fine for each breach.
  • Conditions on Continued Membership of the RICS.
  • Expulsion from Membership or Remove a firm.
  • Require publication of the results of a hearing in Modus magazine, on the RICS website and in the local newspaper of the area where the offending firm is located.
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18
Q

Rank RICS Regulation, and state whether they are Mandatory or Voluntary (There are 5, from most important to least)

A
  1. International Standards (Mandatory) – E.G. IVS (2020) / IPMS (2018)
  2. Professional Statements (Mandatory) – E.G. Conflicts of Interest – UK Commercial Property Market Investment Agency, (2017)
  3. Practice Statements (Mandatory) – E.G. Very Few of these (Home Buyer Report (2016) for example)
  4. Guidance Notes (Voluntary) – Surveying Safely (2018)
  5. Codes of Practice (Mandatory or Recommended Practice)
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19
Q

What are the 5 benefits of being an RICS member?

A
  1. Status
  2. Recognition
  3. Market Advantage
  4. Knowledge
  5. Network
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20
Q

What must you include in the Terms of Engagement prior to starting work on an instruction?

A

There must be a written agreement with the client on:

  • The fee due
  • How expenses are to be treated, including how they are to be calculated
  • A copy of the firm’s complaint handling procedure will be available on request.
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21
Q

Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?

A

In the terms of business, that are to be agreed before the instruction is undertaken.

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22
Q

What 3 things should you do prior to undertaking an instruction?

A

You should check that there are no personal or professional conflicts of interest in accepting the instruction, ensure that you are professionally competent to complete the instruction, and confirm terms of engagement in writing prior to beginning work on the project.

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23
Q

What did the RICS publish on Conflicts of Interest?

A

The RICS published a global professional statement: “RICS Professional Statement on Conflicts of Interest (2017)”

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24
Q

Mentioned in summary of experience

In what circumstances might a conflict of interest not cause you to decline an instruction?

A

If you identify a conflict but believe that despite the conflict it is in the best interests of all those involved for you to proceed with the instruction and you have the informed consent of your client, then you may proceed despite the conflict

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25
Q

According to the RICS Global Professional Statement on Conflicts of Interest, 2017, what three types of conflict might arise?

A
  1. Party Conflict – work on same or related instruction between two parties
  2. Own Interest Conflict or Personal Conflict
  3. Confidential Information Conflict relating to work between two parties which is confidential
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26
Q

Who enforces the bribery charges?

A

Serious Fraud Office

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27
Q

How might a conflict of interest be managed, should you receive written consent and proceed with an instruction?

A

If you receive written consent from all parties involved to proceed with the instruction despite the identified conflict, information barriers should be put in place, including keeping all related information securely, ensuring physical separation of the two professionals involved, and keeping an adequate audit trail of the acceptance of written consent.

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28
Q

What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017,” say about dual agency?

A

It should not happen under any circumstances for RICS members, as of the 1st January 2018.

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29
Q

What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017” say about incremental advice?

A

The statement says that in such instances, advice can only be provided in circumstances where there is written informed consent and information barriers are created internally.

Incremental advice example: agent acting for the seller in relation to a disposal is approached by the buyer, or its lender, to provide a valuation.

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30
Q

Can you give an example of where a conflict of interest has been managed in your firm?

A

Ask GR and JS

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31
Q

How long should you retain a client’s files prior to securely destroying them?

A

6 years

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32
Q

Mentioned in submission

How many Hours of CPD must an RICS member do each year?

A

20 hours, 10 of which must be formal

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33
Q

Are there any Rules Concerning CPD and Professional Ethical Standards?

A

Yes, every member of the RICS must undertake 20 hours of CPD each calendar year, with at least 10 hours of that being formal CPD.

Additionally, members are required to undertake CPD related to the Global Professional and Ethical Standards every three years.

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34
Q

Mentioned in submission

What RICS Professional Statement recently got Produced on the topic of Money Laundering? And from when is it Effective?

A

RICS Professional Statement – Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019). Effective from 01 September 2019

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35
Q

Briefly outline the contents of RICS Professional Statement – Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019)

A

Part 1: Requirements
Part 2: Guidance
Part 3: Supplementary guidance (enhanced/simplified due diligence), PEPs
Appendices: Template due diligence, draft compliance checks, AML checklist

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36
Q

Mentioned in submission

What is the penalty for bribery?

A

Up to 10 years in prison.

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37
Q

What legislation allows authorities to recover the proceeds of crime in the UK?

A

The Proceeds of Crime Act (2002)

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38
Q

What are the penalties for assisting with Money Laundering under Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) 2017?

A

If you are found to be assisting in the laundering of money you can face up to 14 years in prison and an unlimited fine. If you fail to report money laundering, and or tip someone off that they are under investigation for money laundering you can also face up to 5 years in prison and an unlimited fine.

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39
Q

What report would a firm’s money laundering reporting officer produce should they suspect suspicious activity and where would they send it?

A

They would produce a Suspicious Activity Report (SAR) and would send it to the National Crime Agency.

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40
Q

What position/role must each firm have in place under Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) 2017?

A

Money Laundering Reporting Officer

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41
Q

What is a PEP, and what are you required to carry out when working with one?

A

A politically exposed person. You are required to undertake further checks or “Enhanced Due Diligence” EDD when working with one. They present a higher risk of being involved in bribery or corruption due to the nature of their position.

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42
Q

What piece of UK legislation covers money laundering in relation to estate agency work and ‘relevant financial business work’?

A

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

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43
Q

Mentioned in submission PTRDCM

What are the 6 Key Principles of the Bribery Act (2010)

A

1) Proportionality
2) Top Level Commitment
3) Risk Assessment
4) Due Diligence
5) Communication
6) Monitoring

44
Q

Mentioned in submission

What are the Four Offences Under the Bribery Act (2010)?

A

The four offences are: Bribing, receiving a Bribe, Bribing a foreign public official, and failing to prevent bribery.

45
Q

What are the Gender Pay Gap Reporting Regulations?

A

Firms with over 250 employees are required to complete an annual report to ACAS and the Government Equalities Office, stating the difference in pay between their male and female employees.

46
Q

What are the requirements for a client account?

A
  • Must have client money in the name
  • Funds must be readily available for the client upon request
  • All interest to be paid to the client
  • Only client monies are held unless receipt of mixed monies, in which case office monies are to be released promptly
  • If the client wants access to the account too, then the account is set up by the client, not the RICS firm
47
Q

What is the RICS documentation on handling client money?

A

RICS Professional Statement on Client Money Handling 2019

48
Q

What happens if you have surplus client money in a Client Account?

A

If after at least 6 years no claimant has come forward for the money and every effort has been made to identify that person then it can be donated to a registered charity.

The RICS has a registered charity, LionHeart, to which you can donate to. Ideally, the charity will provide an indemnity, so that if a claimant comes forward at a later date then they can be paid.

49
Q

What’s the difference between a claim in contract and a claim in negligence?

A

A contractual claim can only be brought by a party to the contract (i.e the client). A claim of negligence can be brought by a third party, to whom the surveyor owed a duty of care.

The Limitations Act 1980 limits claims in contract to six years from the omission, error, breach of contract, and limits claims in negligence to 15 years from the negligent act.

50
Q

What does the RICS say about Pro-Bono Work for Charities or Friends?

A

You are still required to draw up terms of business, and you still need Professional Indemnity Insurance, which would be stated therein.

51
Q

What is the RICS Requirement for Run-Off Cover once a firm closes?

A

The RICS requires that for consumer cover, a firm maintains at least £1,000,000 of cover for 6 years. For commercial firms, the firm should decide what level of cover is appropriate for 6 years after. The RICS recommends that you have cover in place for longer, as you are liable for negligent acts for up to 15 years under section 14A of the Limitations Act (1980).

52
Q

What else does the RICS say about Professional Indemnity Insurance, other than the level of cover required?

A

The RICS states that a chartered surveying practice must:

  1. Seek cover from an RICS approved insurer.
  2. Have a Retroactive Policy.

Provide details of their cover as part of a regulated firm’s annual return to the RICS

53
Q

How might you avoid claims of negligence made against you?

A

Follow RICS guidance during practice, make sure you have a clear understanding of you clients requirements and clearly state and outline these in your scope of works and terms of engagement, and ensuring that I am competent to undertake the instruction prior to proceeding.

54
Q

Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?

A

In the terms of business, that are to be agreed before the instruction is undertaken.

55
Q

What is the legally acceptable Margin of Error in Property Valuation?

A

Following the case of K/S Lincoln and Others v CB Richard Ellis (2010), it was established that there was an acceptable margin of error of +/- 5% for single residential properties, +/- 10% for single commercial properties, and +/- 15% for more complex holdings.

56
Q

What did Singer & Friedlander Ltd. v J D Wood (1977) establish?

A

That for relatively simple valuations there is smaller margin for error and for more complicated valuations there is a greater margin of error acceptable.

57
Q

Does a residential valuer acting on behalf of a lending bank have a duty of care to a mortgagor purchaser?

A

Yes, there is a duty of care, and this was established in Yianni v Edwin Evans (1981).

However, if the advice is in respect of a buy-to-let purchase, then it may be argued that there is an obligation on the “commercially astute” borrower, as established in the Court of Appeal case; Scullion v Bank of Scotland (2010).

58
Q

What are the different types of documents the RICS publish?

A
  1. RICS Rules of Conduct
  2. International Standard
  3. RICS Professional Statement
  4. RICS Guidance Note
  5. RICS Code of Practice
  6. RICS Jurisdiction Guide
59
Q

What is the new RICS Professional Statement on Clients Money called and what does it do?

A

The statement is called “Client Money Handling”, published October 2019. Effective from January 2020. It provides advice for the RICS members in relation to the holding of client monies.

60
Q

What are the Three Objectives of Client Money Handling (2019)?

A
  1. Keep Client’s Money Safe
  2. Client accounts are used appropriately
  3. RICS – regulated firms have appropriate procedures in place to ensure best practice
61
Q

What are the 8 Mandatory Requirements of Client Money Handling (2019)?

A

RICS Regulated firms must provide the following to clients in writing:

  • Confirm that client’s money is to be held in a client account (including bank account details), which the firm has exclusive control over.
  • “client” in the name of the bank account
  • Not to hold office money in the account, unless it is in receipt of mixed monies
  • Only withdraw out of high interest (penalty-bearing account) with written consent from the client.
  • client’s money account contains no other funds, and funds withdrawn in error are replaced.
  • money held in a client account is immediately available even at the sacrifice of interest.
  • Confirm account operating conditions with bank (No set-off for other firm accounts, no mixing of funds)
  • Ensure that when a client requests it, money is held in an account that the firm and client have access to. (Has to be an account established by the client, not the firm).
62
Q

What would you consider if you were invited to a sporting event?

A

I would consider the value of the gift, the situation in which I was being entertained (not alone) and the scope of ongoing and future works with that client. I would consider whether it was appropriate for me to attend and whether it would impact on my integrity as a practitioner. I would ensure that any gift accepted would not be during a current instruction and any fees payable would already made.

63
Q

How did you Carry Out a Conflict-of-Interest Check?

A

Ask LM

64
Q

If you had valued the property next door would you be conflicted?

A

No, not necessarily. You would in fact be well placed to inform on the value of that property.

65
Q

What should you include in the Terms of Business?

A

You must include in the Terms of Business, the fee involved, the scope of work to be carried out, the time in which the instruction is to be completed, the level of professional indemnity cover, and details on the company’s complaints handling procedure.

66
Q

When starting a new practice what would you do in regard to VAT?

A

You must inform HMRC for VAT and Tax registration – current threshold is £90,000 p.a. in turnover.

67
Q

Mentioned in submission

What are the key elements of the RICS Professional Statement on Countering Bribery and Corruption, Money Laundering and Terrorist Financing, 2019?

A

NHRPR

Mandatory requirements are:

  • Not to offer or accept anything that could constitute a bribe.
  • Having procedures in place to comply with the law.
  • Report suspicion to the relevant authority.
  • Perform periodic written evaluations of the risks the firm faces.
  • Retain records to show the firm has met the requirements of the Professional Statement.
68
Q

What are the 5 exceptions from Red Book Global valuations?

A

In PS 1 – Compliance with standards and practice statements where a written valuation is provided.

E-A-S-I-N

(1) Expert Witness work.
(2) Agency and Brokerage work.
(3) Statutory work – e.g. for a tax return.
(4) Internal Purposes – no 3rd party reliance.
(5) Negotiations or Litigation

69
Q

What is the RICS professional statement regarding conflicts of interest?

A

RICS Global Professional Statement on Conflicts of Interest, 2017

70
Q

What are the three types of conflicts of interest?

A

(1) ‘Party Conflict’ – relating to work on the same or related instruction.
(2) ‘Own Interest Conflict’ – relating to a personal interest.
(3) ‘Confidential Information Conflict’ – relating to work between two parties which is confidential.

71
Q

Mentioned in summary of experience

What is ‘informed consent’?

A

Consent to carry on with an instruction that involves a conflict of interest. Can only be given in writing by the party if it is entirely transparent about any material factors. Party must understand what they are doing. Surveyors should only seek informed consent if satisfied that all parties are best served by doing so.

72
Q

What are the different types of documents the RICS publish?

A
  1. RICS Rules of Conduct for Members and Rules

of Conduct for Firms

  1. International Standard
  2. RICS Professional Statement
  3. RICS Guidance Note
  4. RICS Code of Practice
  5. RICS Jurisdiction Guide
73
Q

What are the 3 benefits to being a regulated firm?

A

Confidence - clients and firm are monitored by RICS Regulation

Professionalism - firms are obligated to provide clear, impartial, expert advice

Security - firms have to have a complaints procedure, access to free independent redress and PII cover

74
Q

What 7 bits of information are needed in an RICS annual return?

A
  1. Type of business and staffing details
  2. Name of the Responsible Principal
  3. Statutory regulated activities e.g. financial services
  4. Nature of clients
  5. Complaints handling procedure details and records
    6.Professional indemnity insurance details
    7.Whether the firm holds client money
75
Q

What are the THREE professional obligations of RICS members

A
  1. Comply with CPD requirements (20 hours inc. 10 hours formal)
  2. Cooperate with RICS
  3. Promptly provide information reasonably requested by Standards and Regulations Board
76
Q

What are the SEVEN professional obligations of RICS firms?

A
  1. Publish a CHP
  2. PII Cover
  3. Have adequate cover for a sole principal
  4. Cooperate with RICS
  5. Promptly cooperate with Standards and Regulations Board
  6. Display ‘regulated by RICS’ on all literature
  7. Report to RICS under the Rules for the Registration of Firms
77
Q

What are the SIX ethical principles on which the Rules of Conduct are based?

A

Honesty
Integrity
Competence
Service
Respect
Responsibility

78
Q

What is the Ethics Decision Tree?

A

It is a decision making tool to help members make reasoned ethical decisions.

Decisions need to be based on the facts, legal and in line with Rules of Conduct

79
Q

What are the disciplinary procedures available to the RICS?

A

Head of Regulation to formally review which can lead to:

i. Fixed penalty (low level breaches)
ii. Regulatory compliance order (low level breaches)
iii. Refer to Regulatory Tribunal for consideration (potentially serious breach)
iv. Refer directly to Disciplinary Panel (serious breaches)

Firms and members have the right to an appeal hearing if they disagree with action above.

80
Q

What disciplinary outcomes are you aware of?

A

In Jan 2024, a member was charged with failing to record 20 hours of CPD.

This contravened Bye Law 5 (Conduct) and Rule of Conduct 2 (Competency) which resulted in expulsion from RICS.

81
Q

Tell me about Use of social media (2021) guidance note.

A

RICS will investigate social media posts that contravene Rules of Conduct e.g. discrimination, dishonesty, harassment

But unlikely to investigate matter of opinion that doesn’t contravene Rules of Conduct. e.g. critical of a firm’s performance.

82
Q

What THREE things must you consider before you accept an instruction

A
  1. Check that you are competent to do the work required
  2. Check there are no conflicts of interest
  3. Agree terms of engagement in writing before starting work
83
Q

Can you outline what you include in your terms of engagement?

A

The Client name
The Property name
The purpose of the valuation
Date of valuation
Bases of valuation
Tenure
Conflicts
Relevant PII cover
How expenses are treated
Fee value
Information on CHP

84
Q

Can you outline how you calculate fees

A

Size and complexity of the job dictates fee level.

A standard pharmacy instruction starts at £1,000
A multi revenue destination hotel and spa starts at £5,000

85
Q

What document covers conflicts of interest?

A

Global Professional Statement Conflicts of Interest 2017

86
Q

What is the difference between conflict avoidance and conflict management

A

Conflict Avoidance: not accepting an instruction
Conflict Management: identifying conflict and putting steps in place to manage it e.g. information barrier

87
Q

What are the THREE types of conflict?

A

Party Conflict
Own Interest Conflict
Confidential Information Conflict

88
Q

Mentioned in summary of experience

What is informed consent?

A

Informed consent is given when all parties are aware of a conflict of interest and are satisfied that proceeding is:
- in the interest of all parties concerned
- not illegal
- does not affect the ability to provide competent advice

Inform each party to seek independent advice if needed.

89
Q

Can you give me an example of a conflict of interest that has been managed in your firm?

A

To Ask GR & JS

90
Q

Can you talk about THREE RICS bye-laws?

A

I know there are 10. Examples include:

  1. Membership and registration - to be eligible as a chartered member, a non chartered member must demonstrate appropriate professional competence
  2. Contribution to funds - a person is liable to payment of their fees whilst in membership
  3. Conduct - all members shall comply with the rules and regulations laid out by the RICS
91
Q

What is a complaint?

A

An expression of dissatisfaction

92
Q

Mentioned in summary of experience

How would you handle a complaint?

A

Send a copy of the CHP to the complainant advising that

  1. Complaint will be acknowledged by the Compliance Officer within 7 days and responded to within 28 days. Notify PII insurers of the complaint
  2. If not resolved at this stage, it can be escalated to our Global Managing Director for further review
  3. If this is still not satisfactory, referral to our third party ADR
93
Q

What are the FOUR requirements of CPD?

A
  1. At least 20 hours of CPD in a calendar year
  2. At least 10 hours must be formal
  3. Maintain understanding of RICS Rules of Conduct every 3 years
  4. Record all CPD online by 31st January
94
Q

Mentioned in summary of experience

What is a duty of care?

A

A moral or legal obligation to someone

95
Q

What is PII?

A

Professional Indemnity Insurance to protect clients, surveyors and third parties against negligence claims

96
Q

What are the minimum PII levels required and how is it calculated?

A

Calculated on preceding year’s turnover.

<£100k: £250k

£100k - £200k: £500k

£200k: £1m

97
Q

What are the maximum levels of uninsured PII excess?

A

Up to £10m turnover: the greater of 2.5% of sum insured or £10k

Over £10 turnover: no limit

98
Q

What do you know about Risk, Liability and Insurance, 1st edition (2021)?

A

Guidance note on risk management.

  • From May 2021 insurers must provide cover for fire safety claims on a property four storeys or under
  • RICS recommends use of liability caps to manage risks
  • Make it clear that the advice can only be relied upon by the named client and no third parties
  • Consider the risks associated when defining scope of work
99
Q

What is negligence?

A

When a surveyor fails in their duty of care which results in a loss to a client or third party

100
Q

How do you avoid negligence?

A
  • Ensure you are competent
  • Act in accordance with RICS standards and guidance notes
  • keep detailed records
  • confirm client objectives in terms of engagement
101
Q

What are the SIX areas of good practice set out in RICS Client Money Handling (2019)?

A
  1. Holding client money
  2. Providing information to clients
  3. Receipts of client money
  4. Payments from client accounts
  5. Accounting records and controls
  6. Clients
102
Q

If you are successful in the APC and decide to set up your own business, identify the matters that must be addressed

A
  • Must create a business plan
  • If limited company then register with companies house
  • Get PI cover
  • Open a business bank account and a client account
  • Lay out a complaints handling procedure
  • Register with RICS
  • Devise a CPD plan
  • Set up a system to counteract bribery and corruption
103
Q

If you want to retire from running your own business, what must you do?

A
  • inform RICS
  • inform clients and hand over to a new firm
  • return any monies held back to clients
  • inform insurers and arrange run off over for 6 years
  • keep a copy of files for at least 6 years
104
Q

What is your company policy on accepting gifts, entertainment and hospitality?

A

Gifts up to £100 and Entertainment/Hospitality up to £250 are OK to accept.

Anything above this must be recorded on the gift register.

Gifts exceeding £200 and Entertainment/Hospitality exceeding £500 need prior authorisation before they can be accepted

Any gift above £500 must be auctioned off for charity

105
Q

Mentioned in summary of experience

What do you know about Freemont v Knight Frank (2014)

A

Valuer provided a valuation of development land to the Bank for purposes of loan security.

Landowner relied on this as a valuation for sale and rejected offers on this basis. In the meantime, land fell into disrepair and reduced in value.

Landowner tried to sue for negligence but this was rejected as there was no duty of care to the landowner for sale purposes.

106
Q

How do you complete a conflict-of-interest check to confirm there is no previous involvement with a property or connected parties?

A

I use our internal CRM system to see if we have had any fee earning relationship with the Property or business/persons relating to the Property within the last two years. I sometimes use Companies House to identify the directors of the named business where this is not immediately clear from the invite to quote.

RICS APC Commercial Real Estate S1 2024 (20 decks)

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