Need to Know Mandatory Flashcards

1
Q

Rules of Conduct 1

A

Be honest and act with Integrity and comply with the professional obligations, including obligations to the RICS

-Valuation - don’t mislead others

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2
Q

Rules of Conduct 2

A

Maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

-Don’t offer advice on VAT

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3
Q

Rules of Conduct 3

A

Provide good quality and diligent service.

  • comp checked
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4
Q

Rules of Conduct 4

A

Treat other with respect and encourage diversity and inclusion

  • don’t bully or victimise anyone
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5
Q

Rule of Conduct 5

A

Must act in the publics interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

  • respond to any compliant made against them promptly
  • Support directors, partners, employees, colleagues, or clients who have acted in good faith to report concerns.
  • Members and firms ensure that public statements made by the firm, or in which members are (or could be) identified as members of the profession, do not undermine public confidence in the profession.
  • Members and firms respond to complaints made against them promptly, openly, and professionally.

-

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6
Q

Five ethical standards

A

CHRRIS

Honest,
Integrity,
Competence,
Service,
Respect
Responsibility

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7
Q

Latest article you’ve read

A

A property problem: there are millions of empty homes

In UK there are 5% empty homes

Empty home tax like they do in Vancouver. - to address housing shortage.

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8
Q

What should an effective CPH have?

A
  • be fit for purpose
  • made available to all staff
  • be understood by all staff
  • readily be shared with complainants or
    potential complainants
  • be regularly reviewed at a senior level
  • be agreed with PII brokers/provider(s)
  • provide details of access to independent redress if the
    firm cannot resolve the complaint
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9
Q

What are RICS CHP?

A

Acknowledge within 5 days
Response within 28 days
Resolved by a phone call or detailed review.
If not satisfied - can requested complaint to be considered by the independent service complaint reviewer within 15 days.

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10
Q

What does RICS say needs to be in place for customer complaints?

A
  • Complaints handling procedure
  • Include ADR procedure
  • Easily signposted to clients
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11
Q

Presuming you’re aware of the complaints handling procedure. What happens if you cannot resolve a complaint with a client?

A

The complaint would be referred to a 3rd party redress scheme/ independent ombudsman.

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12
Q

What is the Building Safety Act?

A

The Building Safety Act 2022 is a law that aims to improve the safety and accountability of the UK’s construction industry. It was introduced in response to the Grenfell Tower fire in 2017.

New regulations on how high rise buildings are to be constructed maintained and made safe

It became clear that there was a need for government to step in and change legislation for high rise buildings.

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13
Q

How does the Building Safety Act affect you?

A

-Project cost implications for compliance

-Life cycle costing and safety driven specification (longer term safety materials)

-Impact on risk management and cost forecasting

-Ensuring compliance in contract - ensure contract has a provision with SOA about BSA if using 2016

-Procurement strategies - proven safety records when selecting contractor

-Value engineering - do not compromise compliance or safety standards

-Post completion and handover - safety related information be mainted and handed over in the ‘Golden Thread’ of information

Handover- fund are allocated for detailed documentation, digital storage solutions, training for building operators on maintaining safety standards.

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14
Q

What is high rise buildings.

A

18 metres tall or higher
7 seven storeys, with two or more residential units

defined as higher risk

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15
Q

What are the new regulations about BSA?

A
  • the way that projects are delivered
  • responsibilities and appointment of new duty holders.
  • designers and contractors where competent hold new duties and responsibilities for the projects.

Building owners of higher-risk buildings need to understand how to manage their buildings post occupation, including how the golden thread is maintained.

This new duty holder position is not to be confused with the duty holders created by the Construction (Design & Management) Regulations.

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16
Q

What are the difference gatway for BSA

A

The Building Safety Act has three gateways that a construction project must pass through to proceed to the next stage:

Gateway 1
The planning stage, where applicants must demonstrate that fire safety is a key consideration

Gateway 2
The preconstruction stage, where the Regulator must approve the application before construction can begin

Gateway 3
The completion stage, where the Regulator must approve the design and construction before the building can be occupied

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17
Q

What is Health and Safety at Work Act 1974

A

Aims to protect people from the risk of injury or ill health by: Ensuring employees’ health, safety and welfare at work

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18
Q

What is the Golden Thread

A

Concept in the BSA that refers to keeping a digital record of crucial building information.
Starting from the design phase and continuing throughout the building’s lifecycle.

The golden thread aims to ensure that the right people have the right information at the right time to keep buildings safe.

It includes details about the building’s design, construction, materials, systems, and maintenance.

The golden thread is a crucial tool for ensuring the safety of high-risk buildings.

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19
Q

What is the HSE?

A

Britain’s national regulator for workplace health and safety. It prevents work-related death, injury and ill health.

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20
Q

If you saw an incident on site what would you do?

A

Report to site supervisor and health and saftey mananager

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21
Q

What is within a site induction?

A

Site rules and requirements.

Importance of PPE

Register

Clearly identify particular hazards and risks.

Confirm expected behaviours on site

Outline of the project;

Management of the project;

First-aid arrangements;

What to do incase of emergency

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22
Q

What would you expect to see within a Business Plan?

A

an executive summary
a business description
a market analysis and strategy
a marketing and sales plan
an analysis of the competition, including their services
an operating plan
detail of company structure
financial analysis
objectives or goals
summary of the strategy.

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23
Q

What are the changes to the dispute resolution procedures under the JCT 2024

A
  • new provision obligating senior executives from each party to meet and negotiate in good faith to resolve disputes before escalating to formal adjudication.
  • Parties are required to specify their own adjudicating nominating body
  • supplemental provision relating to notification and negotiation of dispute is now a contract condition.
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24
Q

What are the 7 key principles in the GDPR (General Data Protection Regulations)

LAD SPA I

A

LAD SPA I

L – Lawfulness, Fairness, and Transparency
A – Accuracy
D – Data Minimization
S – Storage Limitation
P – Purpose Limitation
A – Accountability
I - Intergrity and confidentiality

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25
How do you encourage Inclusivity?
- recognise different religious believe so set meetings at certain times during Ramadan etc - use inclusive language no jargon - attend cultural cuisine - insight into other culturals
26
What are the Individual rights in GDPR ## Footnote AID OPERA
AID OPERA A – Access I - Informed D – Data Portability O – Object Processing P – Rescrtirct Processing E – Erase R – Rectifitfy A – Automated Decision-Making
27
RICS Principles of better regulation
Think PACTT * Proportionality * Accountability * Consistency * Targeting * Transparency
28
What are the Types of Conflict Intrest
Types of Conflict of Interest: 1. Party Conflict – a situation in which the duty of an RICS member or a regulated firm to act in the interests of a client or other party in a professional assignment conflicts with a duty owed to another client in relation to the same or a related professional assignment. 2. Own Interest Conflict – a situation in which the duty of an RICS member or a regulated firm to act in the interests of a client or other party in a professional assignment conflicts with the interests of that same RICS member/firm. 3. Confidential Information Conflict – a conflict between the duty of an RICS member or to provide material information to one client, and the duty of that RICS member to maintain confidentiality of Confidential Information to another client.
29
What is Assigned Risk Pool?
A scheme that provides temporary professional indemnity insurance (PII) to RICS-regulated firms in the UK that are unable to get PII from the insurance market. The ARP offers insurance for a period of up to 12 months on RICS Minimum Terms
30
What is client money
Client money is money of any currency that RICS regulated firm hold or recieve on behalf of a person
31
If a Client was prepared to pay you in advance for services you or your company were providing, how would you ensure that it was dealt with?
* I would that a client account is set up, in line with the rules of Conduct for firms: Handling Client Money. * I would issue a statement of the account once it has been set up. * I will agree with the Client how the monies will be drawn down. * I would issue a revised statement every time I draw down money. * Once the works are complete, I would provide the Client with a reconciliation of the account, identifying when the monies were drawn down etc.x
32
Payment from Client Account
* Use client money only for client matters. * Ensure client money is returned to the client asap if there is no longer reason to retain those funds. * All payments from account are made on behalf of the client. * Check sufficient funds are being held before making payment * Obtain written consent from client for standing orders or direct debits
33
Run off Cover
* Run off cover is a PII policy that comes into effect when a business stops trading. * Claims made under it will relate to work being carried out before trading is stopped. * RICS requires a firm to hold it for 6 years minimum. * Ensures clients, firms and members are not exposed to financial detriment following a company stopping trading.
34
Locum
* A locum agreement is effectively another professional who is appointed to ‘stand in’ for the surveyor if they are unable to work. * Typically, another chartered surveyor but could also be another trusted professional.
35
Difference between diversity and Inclusion
Diversity Refers to the differences that make people unique, such as their backgrounds, personalities, life experiences, and beliefs. Inclusion Refers to the organizational effort to make sure everyone feels welcome and valued for who they are. Inclusion is about ensuring that everyone has an equal opportunity to contribute and influence every part of a workplace
36
What are the differene Conflict of Intrest
Party Conflict Own Interest Conflict Confidential Information Conflict
37
What is the difference between project brief and client breif
Project Brief: Key document on which design will be based, defines the client requirment in details Client Brief: A document that outlines the requirements and expectations for a project
38
Rule 5
Must act in the publics interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
39
Has RICS Published sny information on handling clients money?
Client Money Handling - professional statement 2019
40
What are the key requirement identified in the client money handling professional statement?
- Client account requirement - -Approaipate accounting controls - The information that firms must provide to cleints - How to handle client money including rules for managing any identified funds
41
What is the objectives of the client money handling professional statement?
Provides clear rules for RICS regulated firms and memebers to have the **approipate controls and procedures** to keep client money safe. Provides **confident to clients and consumers that RICS regulated firms are opperating to high professional standards**.
42
How do you handle clients money?
-Set clear segregation of duties for employees - A Principal oversees the client money accounting functions - Principles cannot override controls - Competent and Knowledgeable staff are to process client's money with cover provided for long term absence - Accounting systems and data must be secure - Client money must be kept separate and clearly identifiable with the word 'client' included in the bank account name - Client must always have access to funds - We must agree the terms and advise the client on bank details - The account must not be overdrawn We must maintain client ledgers and provide a running balance
43
Different types of client money account
General Account - Hold money for a more than one client Discrete accounts = reference a single named client
44
What do you need to do if you are a sole practiontor
You'll need a locum cover.
45
What to do if the client wants to pay cash?
Confirm identity Name and address Records of business deals for 5 years Separate account Draw down
46
What due diligence steps would you take if you had a new client?
Conflict of Interest Financial Checks Anti Money Laundering
47
if you witnessed money laundering on your project, who would you inform?
- report to line manager - submit a suspicious activity report to the national crime agency
48
Why are the RICS recommend 15 years liability?
12 years as a deed and 3 years claim after
49
If a Client was prepared to pay you in advance for services you or your company were providing, how would you ensure that it was dealt with?
- The client account is set up, in line with the **rules of Conduct for firms: Handling Client Money.** - I would issue a statement of the account once it has been set up. - I will agree with the Client how the monies will be drawn down. - I would issue a revised statement every time I draw down money. - Once the works are complete, I would provide the Client with a reconciliation of the account, identifying when the monies were drawn down etc
50
RIDDOR
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations.
51
What is RIDDOR
It's a legal requirement that requires employers, self-employed people, and people in control of premises to report certain work-related accidents, injuries, diseases, and dangerous occurrences to the Health and Safety Executive (HSE
52
What is CCS
The Considerate Constructors Scheme: Independently run organisation/initiative supporting and guiding positive change in the construction industry
53
What is an F10 Form
Notification of construction project
54
F10 requreiments?
-Project expected to last longer than 30 working days -More than 20 workers on site -Client responsible for completing the form
55
What is within construction phase plan
Site rules and procedures Health and Safety Risk Control Measures to minimise risk
56
What is a construction phase plan?
Key document that details health and safety risk associated with the construction phase of a project
57
What does Part L Regulation do?
Aims to ensure new and existing building in the UK are designed and constructed in an **energy sufficient** and **sustainable way**
58
Site Waste Management
A document that details how waste will be managed during a construction or demolition project Who is responsible for managing resources The types of waste that will be generated How the waste will be managed, such as reducing, reusing, or recycling it How the waste will be measured
59
Benefits of sustainability for Landlord
- Improves marketability of the client/developer -Improves internal environment - productivity -Reduce operational cost
60
What is GDPR
The General Data Protection Regulation is a law that governs how **personal data** of EU individuals can be **processed** and **transferred**:
61
Why is client care important
- Retain clients - Improve trust in the profession and industry - Encourage future construction work Failure to provide will: - Incur complaints - Claims - result in industry and profession damage
62
How would u act if you received a formal complaint?
Arrange a call with the client as soon as possible to notify them I have received and are acting on it. Issue them with a copy of our formal complaints handling procedure. Notify my firms PII insurance Act in line with CHP
63
You mention keeping in regular communication with project teams. How do you decide what form of communication to use in any given situation?
Different types of communication for different situations, e.g. written (emails / letters) for instructions and anything contractual F2F meetings for challenging discussions Teams meetings for general discussions, Phone calls for quick chats, etc
64
Negotiation example
-Negotiated the final account on A&K -made my own assessment on the account and issuing comments on the contractors -Formed a basis of discussion, we both presented our position and agreed to settle to a certain figure that was acceptable to both parties -formed a good relationship with contractor so were able to aid to success of the negotiation
65
What does RIDDOR stand for
Reporting of Injuries, Diseases and Dangerous Occurrence Regulations
66
What is CDM Regulations
To ensure client, designers, contractors and others consider the health and safety of those constructing maintaining and demolishing the works -Places duties on them to plan, manage, coordinate H&S throughout the project Improves safety on site through design, planning and management
67
Key duty holders under CDM Regulation 2015
Client Principle designer Principle contractor Contractor Designers Contractor Workers
68
What is a profit and loss account?
Shows whether the company has made a profit or loss over a particular period of time
69
What is a cashflow
movement of money into and out of a company over a certain period of time
70
Why is Cashflow important? What does it show?
-Indicates progress on site slow or fast (resequencing programme/ variations/ insolvency) - Client if they need additional funding - Plan of a drawdown of when the money is required.
71
What steps would you take in the event of insolvency
-Notify the team -Secure the site -Inform bondsmen -Stop any payments -Take ownership of materials off site -Schedule all plants and materials value the works complete and defects -Monitor loss and expense incurred by the employer -Terminate the building contract -Employ new contractor
72
Difference between Administration vs Liquidation
Both insolvency. Liquidation - company shutting down by liquidating all their assets to pay of their debts/creditors Administration- An administrator is appointed to take control of a company and its assets to find a solution that will allow the company to continue operating
73
What are RLB's Business Plans?
-People - Ensure workers feel valued but also enhance European reach - to which we have opened a new office in Amsterdam -Money - £150m turnover per year by 2030 and £30m profit. At 2022 we were at 107m . -Market - UK leader in Data Centre Sector -Maintain Independency -Increase Turnover -Attract Youth
74
How do you contribute to your company's goals?
Professional delivery of services to encourage strong client relationships and repeat business. Completing my time sheet in a timely manner Attend all training and help upskill apparencies
75
Business strategy vs business plan????????
Business plan lays out how the business is run from day to day, Strategic plan focuses on how you will achieve specific initiatives to develop your business plan
76
Adjudication vs arbitration
Adjudication -Dispute can be resolved more quicker and cost effectively than arbitration/litigation Third party who determines the final outcome and binding decision is made within 28 days Arbitration private lawsuit without court involvement. Parties submit their dispute to the arbitrator Arbitrator has the power to make a decision and legally binding
77
Litigation
Public court proceeding Parties present their case in court The Judge/jury makes a binding decision based on legal principles Parties have a right to appeal o higher court
78
What is IS0 27001
International standard for information security management Shows implementation of best practices to protect sensitive information.
79
Key persons outlines in GDPR
Data Subject Data Controller Data Processor Data Protection Officer
80
Ethical issues vs Legal issues
Ethical - going above and beyond compliance to enhance inclusivity and equality e.g prayer room prayer room for workers Legal- compliance and ensuring basic ability standards are met as mandated by law e.g. toilet accessibility
81
Different categories of Part L
new homes must produce 31% fewer carbon emissions L1A= New Build L2B= Renovations to existing buildings L2A = New non residential buildings L2B= Existing non-residential buildings.
82
What are the specific requirements in Part L?
New buildings: - To limit energy waste, **airtightness, and thermal performance standards** must be met for walls, floors, and roofs. - To reduce heat loss, minimum level of **insulation** must be provided for each building elements Heating and cooling systems must be installed efficiently to minimise energy consumption Building must use energy efficient lighting system Existing buildings -When replacing windows, meet minimum requirement energy performance standards -When installing replacement boilers, must have minimum energy efficiency levels
83
What does Part L set standard for...
Insulation: The required U-value standards for insulation in walls, floors, and roofs Heating and cooling: Efficient systems for heating and cooling Lighting: Low-energy lighting Renewable energy: The use of renewable energy sources like solar panels or wind turbines Carbon emissions: The building's carbon emissions, including a target for new homes to produce at least 31% less carbon emissions
84
What is GDPR? What must you to in your daily activities to comply with it?
-Ensure we store project information correctly -Only people who are in the project have access to information - Internal Auditors - Follow in-house template and compliant rules
85
What do you need to do when storing benchmarking information?
Base date, location, key project details, costs, abnormal, etc.
86
Can you give me some examples of how a working environment can be made more inclusive?
Stair contrast colours Different lighting areas Height adjustable desks / seating Accessible toilet facilities, etc.
87
You mention Building Regulations Part M. Can you explain what that covers?
Access to and use of buildings. Provides information/requirement for building access. Facilities for disabled visitors or occupants, and the ability to move through a building easily. -disability toilet -safe degree of pitch for ramps for access -handles for windows/light switch a certain height -width of stairs