Need to knows Flashcards

1
Q

What is Rule 1 of the RICS Rules of Conduct?

A

Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS

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2
Q

What is Rule 2 of the RICS Rules of Conduct?

A

Members and firms must maintain their professional competence and ensure that services are provided by individuals who have the necessary expertise

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3
Q

What is Rule 3 of the RICS Rules of Conduct?

A

Members and firms must provide good-quality and diligent service

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4
Q

What is Rule 4 of the RICS Rules of Conduct?

A

Members and firms must treat others with respect and encourage diversity and inclusion

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5
Q

What is Rule 5 of the RICS Rules of Conduct?

A

Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession

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6
Q

What does Appendix A of the RICS Rules of Conduct contain?

A

Professional Obligations to RICS

Obligations for members

  • Members must comply with CPD requirements set by RICS.
  • Members must cooperate with RICS.
  • Members must promptly provide all information reasonably required

Obligations for firms

  • Firms must publish a complaints handling procedure, which includes a alternative dispute resolution provider approved by RICS and maintain a complaints log.
  • Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS.
  • Firms must cooperate with RICS.
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7
Q

What would be the build up of the slab?

A

Typically:

  • Wearing surface.
  • Structural slab.
  • DPM membrane.
  • Hardcore sub base.
  • Formation level (earth) which may have been built up using sub-grade fill
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8
Q

How was the epoxy coating applied to the warehouse concrete floor slab?

A
  1. Preparation of concrete floor slab
    - the concrete floor slab itself needs to be initially sound. Isolated repair screed any of these areas.
    - Remove all existing laitance and previous surface treatments by using mechanical preparation which can be through diamond grinding or abrasive blast cleaning.
    - Slab should then be cleaned and left to try so it is free of oil and any contaminates.
  2. Priming
    - Usually two coat application process does not require priming but exceptionally porous concrete may need a priming layer to ensure adhesion and left for 12 hours.
  3. Application
    - Roller apply the epoxy coating by hand and then apply second coat between 16-48 hours later.
    - Need to ensure that the ambient temperature is kept at a minimum 15 degrees or this can affect the curing and the subsequent finish.
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9
Q

What epoxy system did you specify for the warehouse floor?

A
  • KDR EpoCoat HB epoxy floor coating system - a type 2 coating.
  • Used because it was available at the time, RESDEV Pumatec system was not available due to restrictions caused by COVID.
  • Consulted BS 8204- Part 6 - Screeds, bases and in situ floorings – Part 6: Synthetic resin floorings and found that for general industrial use with moderate traffic a floor coating would suitable. It also had good chemical resistance.
    Also consulted The Resin Flooring Association Guidance note - chose based on anticipated traffic (moderate), had protection from chemical spillage also.
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10
Q

What are the different types of synthetic resin flooring for warehouses?

A
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11
Q

What is the procedure for drilling asbestos cement roof sheets? What document would you consult?

A
  • HSE a9 information sheet - Drilling Holes in Asbestos Cement and Other Highly Bonded Materials.
  1. Ensure that workers are wearing overalls fitted with a hood and respiratory protective equipment.
  2. Cover the drilling point (and to the rear if possible) with masking tape to prevent the edges crumbling.
  3. Cover the drill entry point with a generous amount of past, foam or a drill cowl.
  4. Drill through the paste, foam or drill cowl.
  5. Use Class H vacuum to control fibres at source.
  6. Clean off the paste, foam and debris with a rag or remove the drill cowl.
  7. Dispose of paste, foam or rag as asbestos waste - double bag (asbestos waste bag inserted in clear taped polyethene bag).
  8. Seal the drilled edge with sealant.
  9. Insert sleeve to protect the hole’s edges from cabling (if applicable).
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12
Q

How were each of the external works items specified?

A

Roof system - Tata Steel Trisobuild Roof system, u-value 0.18, LPS 1181 Grade EXT-B for insulation, colour - Goosewing Grey, 40 year manufacturer’s guarantee.

Roof lights - Trilite 30 GRP profiled roof lights, Class B fragility (can withstand foot traffic), Class 1 fire rating (lowest flame spread), 25 year performance warranty from manufacturer, u-value 0.18, ensured appropriate fire resistance.

Valley gutter liquid system - HD Sharmans Delcote Gutter Coating System, 10 year manufacturer’s warranty - not installed.

Windows - Alitherm 600 Smart System, powdercoated allumnium casement window, specified to achieve u-value 0.16 (Part L compliant), kite marked for BS, chosen from a range of products on NBS’s approved product list, lead in time was also minimal (8 weeks).

Cladding sheets - Tata Steel replacement panels, LPS 1181 Grade EXT-B for insulation.

Cladding paint - TOR Unicover in Anthracite Grey - 20 year performance guarantee.

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13
Q

Describe the stages of decorating the profiled metal cladding

A
  1. Cladding will be cleaned using a jet wash to remove all grease, oil, general dirt and contaminates and existing flaking paintwork.
  2. All areas not to be painted will be masked off.
  3. All cladding will be brushed to remove any dust that could prevent adhesion.
  4. Spot priming will be undertaken to areas where there is bare metal resulting from the cleaning process to provide a mechanical key.
  5. Elevation then should be coated in an undercoat to ensure adhesion between the new topcoat and cladding.
  6. Apply the finishing / top coat.
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14
Q

What are the three types of conflict of interest according to the RICS Conflicts of Interest Professional Statement?

A
  • Party conflict: a situation in which the duty of an RICS member or firm to act in the interests of a client in a professional assignment conflicts with a duty owed to another client in relation to the same or a related professional assignment.
  • Own Interest Conflict: a situation in which the duty of an RICS member or firm to act in the interests of a client in a professional assignment conflicts with the interests of that same member/ firm.
  • Confidential Information Conflict: a conflict between the duty of an RICS member or firm to provide material information to one client, and the duty of that RICS member or firm to another client to keep that same information confidential.
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15
Q

How many different types of RICS document statuses are there ?

A

There are three main types of document statuses issued by RICS:

  1. RICS rules of Conduct for members and firms - set out the professional conduct expected of RICS registered members and firms.
  2. International standard - high level standards developed in collaboration with other relevant bodies.
  3. Professional statement - Mandatory requirement for RICS members and firms.
  4. Guidance note - Recommendations and best practice approach followed by competent and conscientious practitioners.
  5. Code of practice - Document developed in collaboration with other professional bodies and stakeholders, same status as as a professional statement or guidance note.
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16
Q

If faced with a situation that you felt was unethical, how would you proceed?

A

Using the decision tree:
• Do I have sufficient facts?
• Is the matter legal?
• Is it in line with RICS Professional and Ethical Standards?
• Have I consulted with appropriate people?
• Do I have clear reasoning in reaching my decision?
• Would I be content for my actions to be made public?
If answered no to any of the above, I would not proceed with the situation alone and would consult senior staff with direction on how to proceed.

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17
Q

What cover do you need to open your own firm?

A
  • PII insurance - Professional indemnity insurance covers financial loss, personal injury and property damage resulting from your negligent act or error while you’re working for a client.
  • PLI insurance - Public liability insurance is there to protect you if a member of the public is injured (or their property is damaged) and your business is faced with a compensation claim as a result. It can cover you when you’re working at client sites or in public.
  • Employers Liability Insurance - Employers’ liability insurance covers you and your business for compensation costs if an employee becomes ill or injured as a result of the work they do for you. It’s legally required of all businesses with one or more employees.
  • Building Insurance (if you own your own premises)
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18
Q

What is the minimum limit of PII cover for firms? What is the maximum level of uninsured excess required by RICS

A
  • PII cover dependent on turnover (during previous financial year or predicted turnover if a new firm) - _needs to be for any one claim or aggregate and round the clock reinstatement basis (w_hen each layer of indemnity has been exhausted up to the full limit of indemnity, the cycle should start again and reinstate back to the primary amount).

£100,000 or less = £250,000

£100,000 to £200,000 = £500,000

£200,000 and above = £1,000,000

  • Maximum uninsured excess (amount of any claim which a firm may be required to pay before any indemnity is granted under the terms of any policy) is also based on firms’ turnover (as per new UK PII requirements effective 2022).

£10,000,000 or less - The greater of 2.5% of the sum insured or £10K.

Over £10,000,000 - No limit set.

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19
Q

What is the minimum level of run-off cover for a firm?

A
  • For consumer claims: £1,00,000 for period of six years.
  • For non-consumer claims: proportionate and adequate runoff for period of six years.
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20
Q

What is the RICS mission statement ?

A

To be recognised in key worldwide markets as the leading body that sets and enforces standards
and offers access to the most sought after professional status in land, property and construction.

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21
Q

What is the risk control hierarchy in relation to risk assessments? (Every Safety Element Always Protects).

A
  1. Elimination - redesign the activity or substitute so that the hazard is removed or eliminated e.g use drone for roof inspections to prevent need to work at height.
  2. Substitution - Replace the materials used or the proposed work process with a less hazardous one. For example, use pre-prepared components rather than fabricating/cutting on site.
  3. Engineering controls: Use work equipment or other measures to prevent falls where you cannot avoid working at height. Install or use additional machinery such as local exhaust ventilation to control risks from dust or fumes.
  4. Administrative controls - Identifying and implement the procedures needed to work safely. For example, reducing the need for lone working or ensuring the work is completed in daylight; reducing the time workers are exposed to hazards (e.g. by job rotation); prohibiting use of mobile phones in hazardous areas.
  5. Personal protective clothes and equipment - After all the previous measures have been tried and found ineffective in controlling risks to a reasonably practicable level must personal protective equipment (PPE) be used. For example, where you cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall.
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22
Q

What recent regulatory change do you know of with regards to EV charging stations?

A
  • Approved document S - Infrastructure for the Charging of Electric Vehicles states:
  • Where a non-residential building is undergoing major renovation and will have more than 10 parking spaces after the renovation is completed, one of those spaces must provide access to one electric charge point and cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the remaining parking spaces.
  • If the cost of installing the required EV charge point and cable routes exceeds more than 7% of the total cost of the major renovation then the regs do not apply.
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23
Q

What are some examples of environmental, social and economic sustainability you have imposed or achieved on a project?

A

Environmental

  • Encouraging the use of PV installation.
  • Reducing impact of work on neighbours / community (wash stations, dust suppression on tools, working with LA hours).
  • Responsible sourcing of materials - FSC approved timber, water based paints and finishes.
  • Retention and reuse of existing installations (particularly M&E) where possible.

Social

  • Using contractors on the CCS (Considerable Constructors Scheme) scheme - code includes: actively encouraging and supporting an inclusive and diverse workplace, proactively supporting safe working, mental and physical wellbeing at work.

Economic

  • Encouraging contractor’s to utilise local workforce and supply chain.
  • Most refurbishment projects I have been involved with are for warehousing - brings long term employment opportunities to the local area.
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24
Q

Explain the valuation process and the responsibilities of a contract administrator for a JC intermediate Contract / JCT Minor works contract?

A
  1. Contractor must issue application for payment no later than the valuation date.
  2. Valuation date occurs (stated in contract particulars – will change to closest business day).
  3. Due date (date at which the CA values the works) is 7 days after the valuation date.
  4. Contract administrator must issue a certificate for payment (interim cert) within 5 days after the due date – the cert = the
    amount they deem should be paid at the due date.
  5. Final date for payment in standard contract is 14 days from the due date.
  6. If the employer intends to withhold any amount from the sum certified, the they must provide written notice of their intention no later than 5 days before the final date for payment.

Note: The contract gives the contractor the right to submit its own payment application - they are not required to and the CA can undertake the valuation without it.

Note: If the CA doesn’t issue a payment certificate within 5 days after the due date, if the contractor issued an application for payment this becomes a payment notice and acts as the cert, otherwise a contractor can send a payment notice to the CA.

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25
Q

What are the different insurance options under the JCT suite of contracts? What is all risk insurance?

A
  • Option A (new buildings) - requires the contractor to take out and maintain all risks insurance of the works.
  • Option B (new buildings) - requires the employer to take out and maintain all risks insurance of the works.
  • Option C (existing structures) - requires the employer to take out and maintain (a) insurance in respect of the existing structure and their contents against specified perils and (b) all risks insurance of the works.
  • In all options the insurance is taken out in joint names which prevents dispute between the parties if they try and claim off each other and allows each to claim against the same policy for any loss.
  • All risk insurance covers against any physical loss or damage to works executed and site materials by vandalism, fire, storm, flood etc.
  • Insurance in respect of the existing structure + contents includes cover for specified perils = basically the same as all risk but doesn’t protect against vandalism, theft or vandalism.
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26
Q

What are the core IPMS core definitions?

A
  • IPMS 1: Closely comparable to GEA (Gross External Area).
  • IPMS 2 - Office: equates closely to GIA (Gross Internal Area).
  • IPMS 2 - Residential: equates closely to GIA (Gross Internal Area).
  • IPMS 3 - Office: equates somewhat to NIA (Net Internal Area).
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27
Q

What IMPS have you used in your career as a building surveyor?

A
  • To name one example, when compiling a dilapidations schedules for a multi-let office buildings I utilise IMPS 3 to give a cost per square meter for the claim based on the floor area used exclusively by the occupying tenant and exclude standard facilities such as shared WCs, circulation areas and stairways.
  • To name another I have utilised IPMS 1 (GEA) / 2 (GIA) to scale off drawings for a warehouse unit to a client’s property marketing team to advertise a warehouse unit to prospective tenants.
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28
Q

What are the IPMS standards? What is IPMS 1, IPMS 2 & IPMS 3?

A
  • Standards produced by the International Property Measurement Standards Coalition in 2014 to provide a measurement standard that can be used globally to enable clear comparison of buildings internationally with respect to floor area. Prior to this numerous measurement standards were used internationally and even nationally - for example in the USA air conditioned space is a unit of measurement and in India offsite car parks can be included.
  • IPMS allows more accurate valuation of properties internationally as a standard point of reference can be used, likewise if a business owner requires a certain floor area for a new property this can be made clear through the use of the standardised measurement standard.
  • There are different specific standard for IPMS 1, 2 & 3 for different building types such as offices and industrial buildings but broadly speaking:

IPMS 1 (Closely equates to Gross External Area)

  • Used for measuring the area of a building including external walls and reported on a floor by floor basis and is commonly used for planning and costing development proposals. Includes area of the basement level (by extending exterior plane of perimeter walls at ground floor level downwards). Excludes; Open light wells and upper level voids of atriums, open external stairways that not integral to the structure, external car parking, equipment yards etc, but may be measured and stated separately.

IPMS 2 (Closely equates to Gross Internal Area)

  • Used for measuring the interior area of a building and categorising the use of space with measurement taken from the internal dominant face and reported on a floor by floor basis. Commonly used by asset managers, facility managers and valuers to provide data on the efficient use of space. Excludes; Open light wells and upper voids of atriums, external car parking, equipment yards etc but these areas may be measured and stated separately.
  • Categories include; vertical penetrations, hygiene areas, circulation areas and workspace to name a few.

IPMS 3 (Closely equates to Net Internal Areas)

  • Used for measuring the occupation of floor areas in exclusive use by an occupier but excludes standard facilities and shared circulation areas and is calculated on a occupier-by-occupier or floor-by-floor basis for each building with. Measurement of floor space is taken from the internal dominant face and the centre line of where a wall separates two occupiers. Commonly used by asset managers, facility managers and valuers. It Excludes; Standard facilities (including shared stairways, lifts and toilets). Includes; All internal walls and columns and will include but stated separately the areas of balconies and rooftop terraces which are measured to their inner face.
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29
Q

Name the sections (A - 7) of the Building Regulations.

A

A - Structure (alignment)
B - Fire safety (blaze).
C - Site preparation and resistance to contaminates.
D - Toxic substances.
E - Resistance to sound (ears).
F - Ventilation (fan).
G - Sanitation, hot water safety and water efficiency.
H - Drainage and waste disposal.
J - Combustion appliances and fuel storage systems.
K - Protection from falling, collision and impact (killer).
L - Conservation of fuel and power.
M - Access to and use of buildings.
O - Overheating.
P - Electrical safety (power).
Q - Security in dwellings.
R - High speed electronic communications networks.
S - Infrastructure for charging electric vehicles.
7 - Materials and workmanship.

30
Q

What is a Part 36 offer?

A
  • It is a provision in the Civil Procedure Rules (CPR) designed to encourage parties to settle disputes prior to litigation.
  • Part 36 offers can be made by a tenant or landlord (usually landlord).
  • It is a legally binding pre-litigation offer which imposes potential post-litigation costs on the other party.
  • The offer will be valid for a period of 21 days.
  • If accepted, payment must be made within 14 days.
  • The party offering the Part 36 can withdraw it at any time.
  • If the other party does not accept the Part 36 offer and the dispute progresses to litigation and they are then awarded less than the offer by the trial judge then that party will have to pay the other party’s legal fees and interest on the sum owed at 10% above base rate (fees are recoverable from the point that the offer was rejected by the other party).
  • Can be served by surveyors but I would usually ask for input from the landlord’s solicitors to confirm contents of offer etc.
31
Q

What documents would you refer to with regards to working with asbestos?

A

L143 - Control of Asbestos Regulations 2012. Approved Code of Practice and guidance

HSG 247 - Asbestos: The Licensed Contractor’s Guide

32
Q

What are the Minimum Energy Efficiency Standards (MEES)?

A
  • Implemented by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
  • Define the minimum energy standards that need to be achieved before a property can be rented.
  • Energy efficiency standards of a property need to be proven with an EPC (Environmental Performance Certificate).

Timeline:

  • 1st April 2018 landlords of privately owned property needed to ensure their property had an EPC of E before granting a new lease to a new or existing tenant.
  • From 1st April 2023 this will apply to all properties even with existing lettings!
  • By 2025 all privately owned property will need to reach a C.
  • By 2030 all properties will need to reach a B.

The changes are a precursor to reaching a new target set out in the Government energy white paper that was unveiled in December 2020 to achieve net zero emissions by 2050.

33
Q

What is an F10 required and when is it required?

A
  • Statutory obligation under the CDM 2015 regulations to provide written notice of a ‘notifiable’ construction project to the HSE.
  • It is required when:
  1. When construction work is scheduled to last more than 30 days and has more than 20 workers on site at one time.
  2. When works exceed 500 person days.
    - Notice must be displayed in the site office to be clearly observable by all on the site.
34
Q

What are the stages of the RIBA Plan of Work?

A

0 - Strategic definition
1 - Preparation and briefing
2 - Concept Design.
3 - Spatial Coordination
4 - Technical Design
5 - Manufacturing and construction
6 - Handover
7 - Use

35
Q

What is the difference between preliminaries and preambles?

A
  • Preambles are the explanation of the works that don’t form part of the costings, preliminaries are used to describe the project and allow costing of items that are required to complete the works, for example temporary access and welfare.
36
Q

Name and explain the different types of specification.

A
  • Prescriptive specifications: Provide detailed descriptions of specific materials to use and how they should be installed.
  • Performance specifications: Addresses the operational requirements of a installation. The focus is on the project outcome, indicating how it must function, it is up to the contractor how they achieve this.
  • Descriptive specifications: Designer controls design intent and defines the performance criteria in very little detail. Specialist contractor uses skills and expertise to complete the design (approved by designer) whilst maintaining the design intent.
37
Q

What are the different RIBA stages and tell me the stage outcomes for each?

A

0 - Strategic Definition

  • Stage outcome = The best means of achieving the client requirements confirmed.
  • Core task = Business case for feasible options, consider planning.

1 - Preparation and Briefing

  • Stage outcome = Project brief approved by the client and confirmed it can be accommodated on the site.
  • Core task = Prepare project brief, collate pre-construction information.

2 - Concept Design

  • Stage outcome = architectural concept agreed by client.
  • Core task = Prepare architectural concept and undertake design reviews with client.

3 - Spatial Coordination

  • Stage outcome = Architectural and engineering information spatially coordinated.
  • Core task = Spatially coordinated design with outline specification, prepare and submit planning application, review design against building regs.

4 - Technical Design

  • Stage outcome = All design information required to manufacture and construct project complete.
  • Core task = Submit building regulations application, prepare Construction Phase Plan.

5 - Manufacturing and construction

  • Stage outcome = Manufacturing and construction completed.
  • Core task = Construct building and prepare building manual.

6 - Handover

  • Stage outcome = building handed over and aftercare initiated.
  • Core task = Rectify defects and review project performance.

7 - Use

  • Stage outcome = Building used, maintained and operated.
  • Core task = Evaluated the building performance post occupancy.
38
Q

What are the recent to the building regulations regarding sustainability?

A
  • Changes were introduced on 15 June 2022 and relate to Part F (Ventilation), L (conservation of fuel and power) and introduction of Part O (overheating) and have been made by the Department for Levelling Up, Housing and Communities to reach net zero carbon emissions by 2050.

Part F - Ventilation

  • Requirement for installation of CO2 monitors in offices were there may be risk of airborne infection.
  • Recommends that all replacement windows in non-domestic buildings are fitted with background trickle vents if it can be proven that the replacement windows would not reduce useful ventilation or that a mechanical ventilation system is present.To improve air quality and safety to prevent spread of airborne viruses such as COVID 19 and air pollution.
  • Measures largely updated for dwellings to increase whole dwelling ventilation rates with minimum of 0.3 litres per second per m2 in habitable rooms.
  • Non-dwellings remain the same, apart from supply ventilation that should still be 10 l/s per m2 or provide at least 1 l/s per m2 of floor area - whichever is highest.

Part L - Conservation of fuel and power

  • All homes homes must produce 31% less CO2 emissions that what is currently acceptable - an on site audit will be required to confirm the constructed design details.
  • This is through improved standards for replacement thermal elements. U-values for walls is now 0.18 and doors is 1.4.
  • New non-dwelling buildings now require a building automation and control system if they include air conditioning system of 180kW or over which has been reduced from 290Kw.

Part O - Overheating

  • Aim of part O is to adapt buildings to rising temperatures due to climate change and to protect health and welfare of occupants.
  • Reasonable provision must be made to limit unwanted solar gains in summer and provide adequate means to remove heat from the indoor environment.
  • Account must be made of residents and their safety and mechanical cooling only used where insufficient heat is cable from being removed without it.
  • Compliance can be demonstrated by using thermal modelling in one of two ways:
  1. Simplified method for limiting solar gains and providing a means of removing excess heat.
  2. The dynamic thermal modelling method.
39
Q

What is the 5-part test for something being in disrepair (Dowding and Reynolds dilapidations)?

A
  1. What is the physical subject matter in the covenant?
  2. Is the subject matter in a damaged or deteriorated condition?
  3. Is the nature of the damage or deterioration such as to bring the condition of the subject matter below the standard contemplated by the covenant?
  4. What work is necessary in order to put the subject matter of the covenant into the contemplated condition?
  5. Is the work nonetheless of such a nature that the parties did not contemplate that is would be the liability of the covenant party?
40
Q

What are the timeframes relating to the dilapidations protocol?

A
  1. Schedule issued by landlord/surveyor within 56 days after termination of the tenancy.
  2. Quantified demand issued within 56 days after termination of the tenancy.
  3. Tenant issues response within 56 days of receipt of the schedule.
  4. Negotiations: Parties encouraged to meet on site on without prejudice basis 28 days after responding to the quantified demand.
  5. Quantification of loss - landlord needs to quantify their loss consequential to the tenant’s breach of covenant - by formal diminution valuation or account of actual expenditure (final account / payment to a contractor) or both.
  6. Stocktake - where dispute not resolved, parties should review their prospective positions and review evidence in order to see if litigation can be avoided or at least narrow the issues between them.
  7. Court proceedings - formal litigation.
41
Q

What are the control of asbestos regulations 2012?

A

Statutory regulations that impose a legal duty on those who own, occupy and manage or have responsibilities for a non-domestic premises that may contain asbestos.

The regulations impose a duty on the duty holder who can be the owner of the non-domestic premises or the party that has clear responsibility for the maintenance or repair of the non-domestic premises.

42
Q

What are the Construction (design and management) Regulations 2015?

A

They are statutory regulations that ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who build, use and maintain structures is reduced.

43
Q

What is the full name of the pre-action protocol?

A

The pre-action protocol for damages in relation to the physical state of a commercial property at the termination of a tenancy.

44
Q

What is section 18(1) of the Landlord and Tenant Act?

A

It is often referred to as the statutory cap on damages as it places a cap on the amount a damages a landlord can recover from a tenant for breach of their repairing covenant within a lease and comprises of two limbs:

  1. Damages cannot be more than the reduction in value of the property as a result of the breach, this is known as the diminution valuation.
  2. No damages are to be paid for a breach of repair covenant that will be rendered valueless by the landlord’s intended structural alterations for the property.
45
Q

What are the main objectives of the dilapidations protocol?

A
  • To encourage the exchange of early and full information about the dispute.
  • To enable the parties to avoid litigation by agreeing a settlement of the dispute before proceedings are commenced.
  • To support the efficient management of proceedings where litigation cannot be avoided.
46
Q

What are the 8 rights of individuals under GDPR? ROAR DIE A

A
  • The right to be informed - organisations need to tell individuals what data is being collected, how it is being used and how long it will be kept for.
  • The right to access – individuals can submit subject access requests.
  • The right to rectification – individuals can request information is updated / amended if found to be incorrect.
  • The right to erasure - individuals can request erasure in some circumstances e.g if data is not longer required or if data unlawfully processed.
  • The right to Restriction of Processing – Individuals can request that an organisation limits how they use their personal data.
  • The right to Data portability – individuals have the right to request their data and use it for their own use.
  • The right to object -
  • The right to avoid automated decision making – individuals can request that this is not undertaken with their data for actions such as profiling.
47
Q

What are the seven key principals of UK GDPR?

A
  • Lawfulness, fairness and transparency – fully inform the individual on what data is being used and how.
  • Purpose limitation – Must inform clients about the purpose of data collection.
  • Data minimisation – Collect only the minimum amount of data that you need.
  • Accuracy - Where necessary, keep data up to date and erase any inaccurate personal data.
  • Storage limitation – Only store for as long as necessary.
  • Security – Keep it secure within filing cabinets or fire wall etc.
  • Accountability – Record and prove compliance.
48
Q

What is the minimum limit of PII cover for firms? What is the maximum level of uninsured excess required by RICS?

A
  • PII cover dependent on turnover (during previous financial year or predicted turnover if a new firm) - _needs to be for any one claim or aggregate and round the clock reinstatement basis (w_hen each layer of indemnity has been exhausted up to the full limit of indemnity, the cycle should start again and reinstate back to the primary amount).

£100,000 or less = £250,000

£100,000 to £200,000 = £500,000

£200,000 and above = £1,000,000

  • Maximum uninsured excess is also based on firms’ turnover (as per new UK PII requirements effective 2022).

£10,000,000 or less - The greater of 2.5% of the sum insured or £10K.

Over £10,000,000 - No limit set.

49
Q

What are the RICS CPD requirements?

  • Qualified/MRICS member – 20 hrs per year, min 10 hours formal
  • Student member – 48 hrs per year (Min 24 formal)
A
  • Qualified/MRICS member – 20 hrs per year, min 10 hours formal
  • Student member – 48 hrs per year (Min 24 formal)
50
Q

What is the Bichard review?

A
  • Lord Michael Bichard has issued an independent review of the RICS purpose, governance and strategy following publication of the Levitt review in 2021 which recommended ‘a wide ranging review…’.
  • The main takeaway findings and recommendations were:
  1. Purpose of RICS - recommendation to amend the wording of the royal charter to include reference to RICS delivering positive change in the built and natural environment and emphasis and prioritisation of doing things in the public’s interest.
  2. Strategy - Governing council should give appropriate freedoms, resources and responsibilities to regional and area boards. Diversity and inclusion panel should be established.
  3. Regulation and public interest - to put public interest at the heart of works with scholarships for students from communities where surveying is not well represented.
  4. Member engagement - Customer service improvement programme so members receive improved level of service.
  5. Culture and values -
  6. Governance and structure - New proposed governance structure with governing council, RICS board, Diversity and inclusion panel and standards and regulation board.
51
Q

What act governs listed buildings and conservation areas?

A
  • Planning (Listed Buildings and Conservation Areas) Act 1990.
52
Q

I see you have experience with historical buildings, what is the effect of a building being listed? What would you have to do prior to carrying out works on a listed building? What is the listing process in England?

A

Grade I: buildings of exceptional interest.

Grade II*: buildings of particular importance.

Grade II: buildings of special interest.

53
Q

What legislation governs planning?

A

The Town and Country Planning Act 1990

54
Q

What does the RICS Guidance Note Surveying Safely cover?

A

Personal and corporate responsibility

  • Individuals are responsible for knowing and understanding the health and safety risk appropriate for the tasks they undertake and must sure they the necessary knowledge (CPD, keeping up to date with relevant info and job experience.
  • Safe person concept – Each individual assumes individual behavioural responsibility for their own, their colleagues and others health and safety at work.
  • Organisation responsibilities – provide staff with training, equipment to carry out their job safely, supervision for those who need it and safe systems of work in place.
  • Corporate responsibilities – Clear lines of accountability for management of H&S, training and management and appropriate insurances.

Assessing hazards and risks

  • Hierarchy of risk control (every snake eats apples promptly)
  • Dynamic risk assessments – whereby a person continually re-evaluates the work, working environment and the competency of themselves and others.

Occupational health

  • Uses science and engineering to identify and control exposure to harmful agents such as asbestos, noise and vibration.
  • Idea that a H&S management system should be implemented to include arrangements for managing; work related stress, violence and bullying, alcohol and drug misuse, asbestos and hazardous substances.
  • Goes into detail on occupational related health issued including metal wellbeing, violence and bullying, work related stress and asbestos etc.

Visiting premises and sites – essentially talks about what things you should consider ensuring you are surveying properties safely and when not to survey them.

  • Before visiting a site: undertake your RICS’ firm’s procedures (risk assessment and having client advise of any specific site risks etc).
  • Lone working – according to your firm.
  • Roofs – can the activity be eliminated (a drone etc).
  • High structures – has scaffolding been installed and checked by a competent person (tagged) prior to use.
  • General procurement and management of contractors:
  • Ensure the contractor is competent with amount of due diligence dependent on the complexity or risk of the work in hand.
  • Identifying the job – give as much detail as possible in the specification and the PCI.
  • RICS member is responsible for ensuring contractors are communicating and help any on site H&S issues.
  • Issuing of permits for higher risk work to ensure the individuals have competent to carry out task. Permits can be for hot works, works with electrical equipment, isolation of life safety systems etc.
55
Q

What are your personal responsibilities under the RICS surveying safely guidance note?

A

Performance

Being competent to perform their work safely (including understanding the limits of their competence (skills, knowledge and experience))

Control

Being able and prepared to work within accepted or designated systems of work

Adaptability

Being able to recognise and adapt to changing circumstances at all times

Vigilance

Remaining vigilant, at all times, for their own safety and that of colleagues and others

Awareness

Being able to recognise their own abilities and limitations

Teamwork

Being an effective member of a team

56
Q

What does the RICS Dilapidations Guidance Note (7th edition) cover?

A
  • It provides general practical guidance to RICS members when instructed to undertake dilapidations instructions.

It covers…

Role of the surveyor

  • Conduct.
  • Expert witness
  • Dispute resolver.
  • Taking instructions.
  • Document review
  • Inspection

Dilapidations during the term - Jarvis and Harris etc:

  • Why they are undertaken - damages, specific performance, entry to carry out work.

Dilapidations claims at the end of the term:

  • Supersession.
  • Surveyors endorsement.
  • Quantified demand

Break clause situations:

  • Conditions to the break.
  • Serving break notices.

Diminution valuations

57
Q

What should you do if you find a tender has an arithmetical error?

A
  • According to the JCT tendering guidance note, the employer has agent / the CA has two options:
    1. Notify the tenderer of the errors and give them chance to confirm or withdraw their tender. If withdrawn the next most financially advantageous tender is analysed. If they confirm their tender then a letter of endorsement should be included within the priced documents prior to acceptance. The endorsement should confirm that all rates / costs in the documents (excluding contingencies, PS and prelims) are to be considered as reduced or increased - endorsement should be signed by both parties.
    2. Notify the tenderer and give them opportunity of confirming or correcting it. If the tendered elects not to amend then an endorsement will be required to confirm this. If the tenderer elects to amend their tender then they should be either given access to the original tender to make adjustments or confirm their adjustments in a letter. The letter is then appended to any tender acceptance letter.
58
Q

What is the Tendering Strategies guidance note (1st edition)?

A
  • A guidance note that summarises what tendering is and how tendering processes are used to establish a contract price.
  • Review different types of tendering and negotiation strategies and their involvement in procurement.
  • Looks at the practical issues of producing an invitation to tender and assessing tender returns.
  • The document also splits up the information into the three competency levels.
59
Q

What does the RICS guidance note on Conflict avoidance and dispute resolution cover?

A

General principals - Level 1

Conflict avoidance processes: Good management, clear contract documentation, good client management etc.

Three pillars of dispute resolution: Mediation, Adjudication and negotiation.

Dispute resolution techniques: Negotiation, Mediation / conciliation, expert determination, adjudication, arbitration, litigation, dispute boards.

Alternative dispute resolution:

Standard forms of contract and their provisions - JCT allows for mediation, adjudication, arbitration and legal proceedings.

Practical application of conflict avoidance and ADR - Level 2

Conflict avoidance - checking contract documentation (consistent), partnering

Dispute resolution procedures - mediation, adjudication, expert determination, arbitration etc.

60
Q

Guidance note on ADR

A
61
Q

What does informed consent mean?

A

Consent given willingly by a party who may be affected by a Conflict of Interest, that party having demonstrated to the RICS member working independently or within a non-regulated firm or regulated firm concerned that the party understands:

  1. There is a Conflict of Interest or a significant risk of a Conflict of Interest and;
  2. The facts known by the RICS member (working independently or within a non-regulated firm or within a regulated firm) or the regulated firm that are material to the Conflict of Interest.
  3. What that Conflict of Interest is or may be and d that a Conflict of Interest may affect the ability of the RICS member (working independently or within a non-regulated firm or within a regulated firm) or a regulated firm to advise or act fully in the interests of a client.
62
Q

How would you proceed if a client was insistent that you continued to work for them despite a conflict of interest?

A
  • Check their understanding of reduced impartiality
  • Seek letter of instruction to continue
  • Agree working procedures to manage the conflict
  • Keep them updated of any risks
  • Seek informed consent
63
Q

What are the different section notices?

A
  • Section 1: Line of Junction Notice – whereby someone proposes to erect a new wall at a boundary that is not already built upon.
  • Section 3: Party Structure Notice – relates to section 2 of the act and is for when a party intends to carry out works on existing party structures including party wall, floor and partitions (that separate buildings or parts of buildings).
  • Section 6: Notice of Adjacent Excavation – for when a party intends to carry out excavations up to 6m aware from a building or structure on neighbouring land, subject to depth criteria which the act sets out.
64
Q

What are the two types of excavations that fall under the act?

A
  • Section 6(1): Excavations within 3m of a building or structure to a lower level that the bottom of the foundations of such building or structure.
  • Section 6(2): Excavations within 6m of a building or structure that will cut a line drawn downwards at 45 degrees from the bottom of the existing foundation from a point in line with the outside face of the building or structure.
65
Q

What is the role of the third surveyor?

A
  • There to make the necessary party wall award when the two appointed surveyor’s are at dispute.
  • They give each party a fair opportunity to present their case and challenge the other party’s case. They should then review all appropriate reports, photos and event visit site prior to reaching a decision.
  • The third surveyor only deals with the referred matters in the dispute, not other actions agreed by the two appointed surveyors.
66
Q

What is licensed work with regards to asbestos?

A
  • Where worker exposure to asbestos is not sporadic and of low intensity.
  • Where the risk assessment cannot clearly demonstrate that the control limit will not be exceeded (0.1 f/cm3 averaged over a 4 hour period).
  • Where works are on an asbestos coating.
  • Where works are on AIB where the risk assessment demonstrates the work is no short duration work (short duration being when working with ACMs for no more than 2 hoors in a seven day period and no one person works for longer that an hour in that two hour period).
  • HSE gives guidance on what works are licensed but ultimately based on risk.
67
Q

What is non-licensed work with regards to asbestos?

A
  • Where work is sporadic and of low intensity (concentration of asbestos in the air should not exceed 0.6f/cm3 measured over 10 minutes).
  • Work that does not expose workers to asbestos fibres that exceed legal limits (0.1f/cm3 over a 4 hour period).
  • Works must meet one of the four conditions:

o Short and non-continuous maintenance task, with non-friable materials.
o It is a removal task where ACMs are in reasonable condition and not being deliberately broken up and the fibres are firmly contained within a matrix (contained in cement etc).
o It is a task where ACMS are in good condition and are being sealed or encapsulated.
o It is an air monitoring control task to check fibre concentrations in the air.

68
Q

What is notifiable non-licensed works?

A
  • Works whereby the works need to be notified to the HSE but can be undertaken by a non-licensed contractor.
  • Usually whereby the works involve the removal of lower risk asbestos materials but those that are in a poor condition. E.g removal of asbestos cement roof sheets that have been significantly damaged or whereby during removal they will be substantially broken up.
69
Q

What are a the duty holder’s duties regarding asbestos under the Control of Asbestos Regulations 2012?

A
  • Section 4 of the regulations requires that the duty holder must:

+ Take reasonable steps to find out if their are ACM’s in a property, the amount, location and their condition.
+ Keep and up-to-date record of the location and condition of ACMs or materials presumed to contain asbestos in a asbestos management register.
+ Have an up to date asbestos management plan (will include the register) which explains how the duty holder intends to manage the asbestos and prevent exposure to anyone using or working on the building.
+ Ensure that anyone working on the building is supplied with the asbestos management plan

70
Q

What are the three types of Asbestos? What are each of their uses / where are they usually found?

A
  • Chrysotile (least dangerous) / white asbestos: Most common found in pipe lagging, loose fill insulation, fire blankets, floor material, Artex and reinforced plastics.
  • Amosite / Brown asbestos: Asbestos Insulation Board (AIB).
  • Crocidolite (most dangerous) / Blue asbestos: Spray on insulation, pipe lagging, loose fill insulation, gaskets and cement sheeting.
71
Q

What is your understanding of Proudfoot v Hart (1890)?

A
  • Proudfoot v Hart refers to case law that related to a dispute regarding the state of repair of a redidential property at lease end but is applicable to commercial properties involving dilapidations.
  • It was held that the standard of repair at the end of a lease is to be assessed having regard for a property’s:
  1. Age
  2. Character
  3. Locality
  4. Occupation of the class of tenant likely to take it.