MC Mandatory Flashcards

1
Q

What are the RICS rules of conduct for members?

A
  1. Be honest and act with integrity while complying with professional and RICS obligations
  2. Members and firms must maintain their professional competence by experienced and competent individuals
  3. Provide good quality and diligent service
  4. Treat others with respect and encourage diversity and inclusion
  5. Act in the public interest and take responsibility for their actions to maintin public confidence in the profession
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2
Q

What is a conflict of interest?

A

A situation where there may be an actual, potential or perceived risk that the professional judgement of a professional or firm is compromised.

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3
Q

What are the types of conflict of interest?

A
  • Party Conflict
  • Own Interest Conflict
  • Confidential Information Conflict
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4
Q

What are the 6 principles of the bribery act?

A
  • Proportionality
  • Top level commitment
  • Risk assessmnet
  • Due diligence
  • Communication
  • Monitoring and review
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5
Q

What is CPD and what are the requirements for RICS members?

A

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

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6
Q

What is the process for setting up a firm with RICS?

A

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)

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7
Q

What is PII?

A

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.

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8
Q

What are the mimnim limits of PII?

A

Turnover £100k or less: £250k
Turnover £101k - £200k: £500K
Turnover £201k+: £1m

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9
Q

What is an NDA? Why might one be used?

A

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
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10
Q

What is money laundering?

A

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

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11
Q

Can a RICS member or firm hold money on a client’s behalf?

A

Yes, the rules and standards of which are set out in the RICS ‘Client Money Handling’ professional standard

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12
Q

Can you accept gifts from a client or contractor?

A

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)
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13
Q

What do you know about RICS?

A

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

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14
Q

How would you deal with a complaint?

A
  • 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
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15
Q

What defines an effective complaints handling procedure?

A
  • 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
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16
Q

What sort of information would you include in a fee proposal?

A
  • 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)
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17
Q

How do you manage different stakeholders on a project?

A
  • Inclusion
  • Communication
  • Consultation, early and often
  • Consideration
  • Compromise
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18
Q

How should you prepare for a negotiation?

A

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?

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19
Q

How do you chair meetings?

A
  • 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
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20
Q

What is your role/responsibility as a QS under the CDM regulations?

A

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.

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21
Q

What are the key principles of the CDM regulations?

A
  • 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
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22
Q

What are some Health and Safety regulations that are applicible to a contruction project?

A
  • 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
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23
Q

What are the key principles of the Health and Safety at Work Act?

A
  • 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
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24
Q

What is the Building Safety Act 2022?

A

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.

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25
Q

What is meant by assests and liabilities?

A

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

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26
Q

What is the difference b/w a balance sheet and a profit and loss account?

A

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.

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27
Q

What is a cash flow forecast?

A
  • 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)
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28
Q

Why is cash flow important for a building project?

A
  • Allows the client to gain an understanding of their financial commitment over the duration fo a project
  • Can be used to estimate when funding will be required
  • Acts as a check against valuations and can give an early indication of financial difficulty
  • Identify periods of negative cashflow in advance to manage solvency
29
Q

What is the purpose of a business plan?

A
  • To help focus business activities on what is profitable
  • Budgeting
  • Resource allocation and function
  • To help secure additional funding from external investors/banks
  • To gain new clients
30
Q

Give some examples of business objectives

A
  • Revenue/Turnover targets
  • Staff headcount
  • Industry sector/market share
31
Q

Provide examples of long term and short term goals

A

Long term
- 5 year turnover target
- Increased profit margins
- Goodwill / reputation

Short term
- KPI’s - New clients, new contacts, meeting reporting timeframes, fee proposals
- Talent acquisition
- Quarterly revenue targets

32
Q

Name some conflict avoidance and dispute resolution techniques

A
  • Clear and transparent communication
  • Negotiation
  • Mediations
  • Conciliation
  • Adjudication
  • Arbitration
  • Litigation
33
Q

Can you talk me through the timeframes involved in an adjudication?

A
  • Referring party must service notice of the intention to refer to adjudication
  • Within 7 days of issuing notice, they must appoint and adjudicator and issue a referral notice
  • There is no statutory requirment for the responding party to respond, however this is usually required and done within 7 days of the referral notice at the discretion on the adjudicator
  • The adjudicator has 28 days to reach a decision from the date the referral notice was served, this can be extended to 42 days if the referring party agrees
34
Q

What is GDPR?

A
  • EU regulation on data protection and privacy, including the transfer and storage of personal data.
  • Created to provide consistent regulation between european companies on how data is handled and greater protection of personal data rights of individuals
  • In resonse to social trends and call for reform. Fines and reputation penalties for non-conformance.
35
Q

How does GDPR affect your role as a QS?

A

How we collect, handle and store client infomration.
Permissions required for sharing data, benchmarking

36
Q

How long do you need to keep data for?

A

6 years if contract is underhand
12 years if executed as a deed
RICS recommends up to 15 years as this is the limitation period for most claims

37
Q

What legislation regulates diversity, inclusion and teamworking?

A

The Equality Act 2010

38
Q

What is the Equality Act 2010?

A

A discrimination law that protects all individuals from unfair treatment. It provides a legal framework to protect individuals rights and advance equality of opportunity

39
Q

What makes a good team?

A
  • Common sense of purpose
  • Clear understanding of team objectives and individual strengths/weaknesses
  • Mutual respect / trust
  • Diverse range of expereince, skills, personal attributes
  • Inclusive enviroment where informaiton and knowledge is shared openly
40
Q

Can you provide some infomormation about Approved Document M?

A
  • Access to and use of buildings
  • Provides information about the ease of access both to and within a building
  • Including things like pitch and dimensions of ramps, accessable height and width of stairs and corridors
  • Access requiremnts to toilets, bathrooms and sinks
41
Q

What is Part L of the building regulations?

A
  • Conservation of Fuel and Power
  • A technical guide, providing practical advice on how to meet the energy efficiency requirements of the building regulations
  • Split in two volumes: Dwellings / Building other than dwellings
  • Deals with new build and renovation work seperately.
42
Q

Define sustainability

A

Meeting the needs of the present without compromising the ability of future generations to meet their own needs

43
Q

What is BREEAM?

A

Building Research Establishment, Environmental Assessment Method

Internationally recognised scheme that provides independant third party certification on the sustainability performance and construction of buildings and infrastructure projects

Assessment categories include:
- Managment
- Health and Wellbeing
- Energy
- Transport
- Water
- Materials
- Waste
- Land use and ecology
- Pollution
- Innovation

44
Q

Can you provide an example of a sustainable technology and how it works?

A

A soakaway is a solution to deal with standing water
They consist of a large hole or pit that receives surface water from a drainage pipe and helps the water slowly percolate throguh the soil, reducing the risk of flooding

Air Source Heat Pump
An air source heat pump works by absorbing heat from the air and transferring it to the heating and hot water system by using a refridgeration system simialr to that of a fridge but in reverse

Photovolatic (PV) Panels
PV’s convert sunlight into electricity. Light energy strikes cells and then electrons are knocked loose from atoms to create a current which is feed through an invertor to be used in battery storage or immediately to power the building

45
Q

What is Biodiversity Net Gain? (BNG)

A

Is a way of creating and improving natural habitats.
Compulsory and must achieve a min 10% BNG
Biodiversity calculated on units such as size, quality, location and type and measured in consultation with an ecologist
Achieved by:
- Creating bio-diversity on site
- Through a mixture of on site, off site bio-diversity and buying biodiversity credits
- If no bio-diversity can be achieved on or off site, credits must be purchased.

46
Q

What is a green roof?

A

A roof that is partially or completely covered with vegetation

47
Q

Can you name some sustainable roofing technologies?

A

Green roofs
Solor roofing
Modular roofing

48
Q

What is a U value?

A

U-values measure how effectivce a material is as an insulator
The lower the U-value, the more effective the material is
Windows in new build house must have a U value of 1.2 or better
New elements in new/existing building values:
Roofs: 0.11 / 0.15
Walls: 0.18 / 0.18
Floors: 0.13 / 0.18

49
Q

Under the H&S policy at work what are your responsibilities as an employee?

A
  • Take care of myself and others
  • Follow procedures
  • Report issues
  • Be proactive
50
Q

What are the duties of the principle designer under CDM?

A
  • Plan, collate, manage and coordinate health and safety risks during the pre construction phase.
  • Liaise with the client on their responsabilites under CDM, including helping bring together the pre-construction information.
  • Work with the contractor to manage H&S risks during the construction phase.
  • Create a H&S file for issue to the client at the end of the project
51
Q

What documentation would you expected to see on the site safety notice board?

A
  • An HSE approved poster
  • Brief H&S Policy/Intent
  • Employer’s liability insurance
  • First aiders and first aid points
  • Fire evacuation plans
  • Traffic management plans
  • Site routes
  • F10 notification
  • Emergency contract details
52
Q

What are your rights under the Data Protection Act 2018?

A

Right to request personal information and how it is being used.
Right to erasure of personal information.
Right not to provide personal information that is not relevant.

53
Q

What is the Data Protection Act?

A

Essentially the UK’s implementation of EU GDPR regulations.
Regulates how data is collected, used, stored and shared to provide greater consumer rights surrounding personal information.

54
Q

Can you name some other sustainability schemes other than BREEAM?

A

LEED: Leadership in Energy and Environmental Design
SKA: Previously operated by RICS, Environmental assessment methodology and benchmarking tool for fit out projects

55
Q

How do you protect a client’s information when using project data for the purposes of benchmarking

A

Seek data permissions from the client. If not redact any personal/sensitive information from the becnhmark document to make the project unidentifiable

56
Q

How would assess a contractors financial ability to complete a project?

A

Can use turnover information in conjunction with live/secured projects to assess suitability for the project in question.
Can also seek an external credit check from Dunn and Bradstreet to access financial stability.

57
Q

How do you know you are doing a good job?

A

Estabish client objectives and rate my performace agianst them.
Self-evaluation and perfomrance review.
Holding myself accountable and ensuring clients are aware of our complaints procedure.
Client feedback, regular informal along with formal feedback at key milestones.
KPI’s including meeting reporting deadlines, issuing notices on time.

58
Q

How did you think abut the structure of the negotiation before going into it

A

I considered multiple factors such:
- What was the goal of negotiations
- The relative strength/weakness of both parties positions
- Where concessions could be made and what areas I wanted to have a high focus on
- Who I would be dealing with
- What decisons were they and I empowered to make

59
Q

How would you deal with a negotiation where the opposing party is completely unreceptive?

A

Try to identify the root issue to their behavious and address if possible.
Listen to their rationalle and ask for detailed summary and substantiation of their stance
Try and reframe the issue/find common ground

60
Q

Can you tell me how your employer complies with GDPR

A

Has a nominated Data Controller
Stores information securly
Provides training on data management
Seeks permissions for the use of data for benchmarking

61
Q

Can you tell me the difference between net zero and carbon neutral?

A

Net zero focusses on reducing emissions in the first instance where as
Carbon Neutral allows for a wider range of offsetting activities

62
Q

Are you aware of any recent RICS guidence on diversity and inclusion

A

RICS recently published:
Diversity, Equity and Inclusion (DEI) strategy for 2024-2025 to suppliment Rule 4 of the rules of conduct.

63
Q

What is the difference between a hazard and a risk?

A

A hazard is the potential for harm, while a risk is the likelihood of that harm occurring

64
Q

What do you understand by Diversity?

A

Is who we are as humans and encompasses differnet backgrounds, cultures, values and expereince.
The benefits of diversity include more efficient and effective workforces with greater creativity and innovation.

65
Q

What is the role of a responsible principal?

A

A person who is responsible for ensuring that a regulated firm adheres to the RICS professional, technical, and ethical standards

66
Q

WHat does SAP stand for?

A

Standard Assessment Procedure

Used to ensure compliance with Part L of the building Regs
Used as the basis for calculating an EPC

67
Q

What did you learn on your fire detection system CPD?

A

The importance of a fire risk assessment before design and installation of any system.
How bulkheads / coffers can affect a fire strategy.
No one size fits all solution, every building should be assessed on its own merit.
The importance of regukar tesitng and maintenance

68
Q

What is bribery?

A

The offer of an advantage as an inducement
for an action that is illegal, unethical or a breach of trust.

69
Q

What are the obligations of a firm under the Countering bribery, corruption, money laundering and terriorist finiancing RICS profession standard?

A

Firms must show due diligence in checking clients identity and source of funds
Have appropriate controls in place and ensure adequte staff training
Report any red flags
Keep instances of misspropriation confidential