MC Mandatory Flashcards
What are the RICS rules of conduct for members?
- Be honest and act with integrity while complying with professional and RICS obligations
- Members and firms must maintain their professional competence by experienced and competent individuals
- Provide good quality and diligent service
- Treat others with respect and encourage diversity and inclusion
- Act in the public interest and take responsibility for their actions to maintin public confidence in the profession
What is a conflict of interest?
A situation where there may be an actual, potential or perceived risk that the professional judgement of a professional or firm is compromised.
What are the types of conflict of interest?
- Party Conflict
- Own Interest Conflict
- Confidential Information Conflict
What are the 6 principles of the bribery act?
- Proportionality
- Top level commitment
- Risk assessmnet
- Due diligence
- Communication
- Monitoring and review
What is CPD and what are the requirements for RICS members?
CDP stands for continuous professional development.
The current requirements for RICS members is to undertake a minimum 20 hours of CPD activity each calendar year with at least 10 of those hours as formal CPD
Members must complete the global professional and ethics standards course at least once every three years
What is the process for setting up a firm with RICS?
Refer to the Rules for the registration of firms RICS document available online
Must meet the following conditions as a minimum:
- Provide surveying services to the public
- At least 25% of the firms principles are RICS members
- Must at all times have a responsible principal
Must register if:
- Provide surveying services to the public
- At least 50% of the firms principles are RICS members
- Operating in regulated area A (Uk)
What is PII?
Professional Indemnity Insurance:
Covers the policyholder for the costs of legal action in respect of financial loss which occurs from negligence, error or omission in professional advice or services provided.
What are the mimnim limits of PII?
Turnover £100k or less: £250k
Turnover £101k - £200k: £500K
Turnover £201k+: £1m
What is an NDA? Why might one be used?
Non-Disclosure Agreement, a legal document that protects confidential information being shared with thirs parties
- Protects a parties right to privacy
- Encourages open conversations and information sharing without fear of misuse
- Sets clear expectations around document control
What is money laundering?
The act of disguising capital gained from criminal activity to give the impression the proceeds were derived from a legitimate source.
Regulated by ‘The money laundering, Terriorist financing and Transfer of Funds Regulations
Can a RICS member or firm hold money on a client’s behalf?
Yes, the rules and standards of which are set out in the RICS ‘Client Money Handling’ professional standard
Can you accept gifts from a client or contractor?
I would not accept gifts, hospitality or services which might suggest an improper obligation.
Gifts can be accepted in certain circumstances, it is important to consider:
- Firms policy
- RICS rules of conduct and legislation
- The timing of the gift
- Proportionality (relationship and services offered)
- Perceived impartionality of the gift offered
- Who is receiving (just me, multiple people etc)
What do you know about RICS?
Royal Institution of Chartered Surveyors
Promotes and regulates the competency, professionalism and ethical standards of the profession for the benefit of the public interest
It’s governing body is the Governing Council which overseas strategy as well as standards and regulation. Currently led by Tina Paillet as president
RICS board reprots directly to the council
Standards and regulation board reports to the council but is not govered by it
How would you deal with a complaint?
- Acknowledge it (within 7 days)
- Notify the compaints handling officer internally
- Appoint of person to conduct an investigation
- Identify the outcome and remedy required
- Formally respond to the complaintant (within 21 days of acknowledgment)
- If still dissatisfied they have the right to refer the complaint to an independant body
- Communicate any lessons learnt and set a review date
- Ensure the PI insurers are notified throughout the process
What defines an effective complaints handling procedure?
- Be fit for purpose
- Be made available and understood to all staff
- Readily shared with complaintants or potential complaintants
- Be regularly reviewed
- Be agreed with insurance providers
- Provide details of independant redress if company cannot resolve
What sort of information would you include in a fee proposal?
- Scope of services
- Fees, including clear and transparent breakdown of cost
- Terms and conditions
- CV’s / details of consutants being engaged
- Project details
- Timeframe of agreement
- Insurances
- Assumptions and exclusions (VAT, Disbursements, Dealing with claims)
How do you manage different stakeholders on a project?
- Inclusion
- Communication
- Consultation, early and often
- Consideration
- Compromise
How should you prepare for a negotiation?
Planning in advance is key in preparing for a negotiation. This includes:
- Compilation of evidence, can I substantiate my position?
- Consideration of the opposing view and personelle. Issuing comments in advance can help streamline the negotiation
- What is my goal? What am I trying to achieve?
- What am I authorised to do? If not, who else should be present or what persmissions should I seek?
- Do we have an agenda? Agreed structure?
How do you chair meetings?
- Create an appropriate agenda for the purpose of the meeting
- Issue agenda in advance of meeting for consideration and comment
- Ensure the correct parties are invited and the date/time rpoposed is suitable for all
- Send meeting invites
- During the meeting be courteous and assertive.
- Stick to the agenda
- Record accurate minutes, verbally clarifying points as appropriate
What is your role/responsibility as a QS under the CDM regulations?
As a QS , I’m considered a designer under the CDM regulations and should comply with the regulations insofar as they relate to my appointment.
Liaise with the Professional Team and
advise the Client of its obligations under the
CDM Regulations.
Communicate, cooperate and coordinate with all other designers and contractors.
What are the key principles of the CDM regulations?
- To ensure all stakeholders consider the H&S risks of those undertaking the works
- Places statutory duties on clients, the principal designer and contractors
- Improves safety through design, planning and management
What are some Health and Safety regulations that are applicible to a contruction project?
- Health and Safety at Work Act
- Management of Health and Safety at Work Regulations
- CDM Refulations
- Control fo Substances Hazardous to Health Regulations
- Working at Hieght Regulations
What are the key principles of the Health and Safety at Work Act?
- General duties of the employer to employees and members of the public. Duties of emploees to each other
- Requirement to complete risk assessments
- Adequate training in reagard to H&S
- Adequate welfare provisions
- A safe working environment and management thereof
- Provision for relvent information, instruction and supervision
- ‘So as far as is reasonably practicable’
- It is an enabling act, meaning other legislation can be made without the need for passing another act
What is the Building Safety Act 2022?
Introduces new duties for the management of fire and building safety in high-rise residential buildings.
Introduces the Building Safety Regulator as the building control authority for higher-risk buildings.
Sets requirements for a ‘golden thread’ of information to eb created, stored and maintained that informs and governs a buildings safety.
Applies to new or existing occupied buildings over 18 metres high or seven storeys or more, which contain at least two residential units, including care homes and hospitals.
What is meant by assests and liabilities?
Assests are things that add value to a company and include buildings, land, equpment owned by the company
Liabilitites reduce the value of a company and include loans or debts
What is the difference b/w a balance sheet and a profit and loss account?
A balance sheet is a financial snapshot of a company showing its overall financial position in consideration of it assests and liabilities.
A P&L account shows the profit or loss over a set period of time, broadly in terms of its revenue and expenditure.
What is a cash flow forecast?
- A document which shows how much money you expect your business/project to receive and pay out over a set period.
- It is used as a planning tool for managing money (incoming/outgoing)