Online Questions Flashcards
Who is the president of the RICS?
Tina Paillet (2024)
Who is the president elect of the RICS?
Justin Sullivan
What is the role of the RICS?
Regulate and promote the profession
Maintain the highest educational and professional standards
Protect clients and consumers through a strict code of ethics
Provide Impartial Advice, analysis and guidance
What is the ISO Standard for anti-bribery?
37001
What is the RICS black book?
A suite of guidance notes that define good technical standards for QS & construction professionals
What is a RICS Code of Practice (CoP)?
A document developed in collaboration with other professional bodies and stakeholders that will have the status of a professional statement or guidance note.
What is a RICS professional Statement (PS)?
Mandatory requirements for RICS members and regulated firms.
What are the 6 principles of the Bribery Act?
Proportionate procedures
Communication
Risk assessment
Top-level commitment
Due diligence
Monitoring and review
What happens if you commit an act of bribery?
Up to 10 years in prison
Unlimited fine
Banned from being a director of any company
Excluded from RICS
What is the Assigned Risk Pool?
The ARP panel is a facility for trading member / firms who find themselves unable to obtain PI insurance in the open market. Usually offers 12-month cover until firm can re-enter PII open market.
What is the RICS ethics tree?
Sufficient facts?
Legal?
RICS Professional Standards?
Consulted with appropriate people?
Clear Reasoning?
Would you be ok if your actions were made Public?
What is the client’s money protection scheme?
A scheme run by the RICS for clients to recover money that is lost by a firm.
What are the RICS requirements for a complaints handling procedure?
Should be a 2-stage policy, with all complaints made in writing
- Stage 1 (internal) Complaints considered by a senior member of staff, acknowledged in 7 days and response within 28 days
- If not happy, complaint referred to independent 3rd party
What are the RICS requirements regarding professional indemnity insurance?
- It provides minimum wording which included on a civil liability basis (provides cover if you are found liable in a civil court)
- It sets out minimum levels of indemnity
- It sets out the maximum levels of uninsured excess
- Run off cover must be in place for at least 6 years
- It should include for past and present employees, directors and partners
- It should be on a claims made basis
- Must be underwritten by a listed insurer
What happens if the loss suffered exceeds the level of cover provided by the PI insurance?
The professional / firm is liable for the difference
Are you familiar with the term limit of liability? If so where would it be used?
It is the maximum value an insurance policy will pay out in the event of a claim.
What is a net contribution clause?
It seeks to ensure that the consultant’s liability is only for the loss they caused
If another party is also responsible, the client will have to sue them separately
If an estimate is incorrect, can the client claim damages against the QS?
Not necessarily, only if they can prove that the QS did not act with reasonable skill and care
If you are a sole trader, what should you have in place should you be unable to perform your duties?
- You should have employed the services of a locum practitioner
- Typically, a locum will be another Chartered Surveyor, but could be a trusted professional e.g. solicitor/ accountant
*Locum should be appointed formally in writing & RICS should be notified if they take over
- Locum can either be covered under their own PII or the firms policy (pre-agreed as part of appointment)
If you have declared a conflict of interest to your client and they state that they are happy for you to continue working on the project, what else do you need from them?
‘Informed Consent’ RICS provide a template
What should you do if you receive a serious complaint?
Notify your professional indemnity insurance provider.
Minimum PII run off
£1m for 6 years from the date cessation
Are you aware of any case law around importance of PI & run off cover?
Merrett & Babb -2002
When can you divulge confidential information?
- If a Court orders
- If you receive informed consent
What would you do if you were setting up your own firm?
Inform the RICS of your intentions
Obtain PII cover
Obtain Employer’s liability insurance
Prepare a complaints handling procedure
Set up financial accounts including client’s money account
Abide by rules for member and firms
Use appropriate RICS designations
Notify companies house
What needs to be in place if a business is to cease trading?
PII run off cover
Return any client money
Hold client files for min 6 years
Hand over work to another company to ensure continuity of work
What is test for bribery?
Would a reasonable person in UK deem actions reasonable and proportionate
What must a member do in relation to money laundering & financing terrorism?
Not facilitate to be complicit in money laundering / financing terrorism
Report suspicions
What should be included in a company’s complaints handling procedure?
Info about who is the appointed person within the firm who deals with complaints
Request that all complaints are made in writing
The stages of the CHP
The timescale for considering a complaint
Can Employer or Public Liability be capped?
No - Liability cannot, however insurances are
Why is it important to identify a client’s requirements?
In order to deliver a high standard of service you need to know what the client expects.
To ensure their requirements will be met, which will avoid wasting resources doing effectively abortive work.
Also important to ensure they are satisfied with the service offered.
How do you have a successful negotiation?
Look at the facts & ignore emotions
Enter the negotiation with a best and worst case scenario in mind
Understand the other party’s point of view in order to come away with a win-win where possible
What guidance did the RICS release on good practice principals for the management of health and safety in RICS regulated firms and for RICS members?
RICS Surveying safely, 2018
What is the structure of RICS Surveying safely, 2018?
Personal responsibilities for RICS members and firms
Assessing hazards and risks
Workplace health and safety
Occupational hygiene and health
Visiting premises and sites
Fire safety
Residential property surveying
Procurement and management of contractors
According to RICS Surveying safely, 2018, what must all RICS regulated firms ensure they provide?
Safe working environment
Safe work equipment
Safe systems of work
Competent staff
How large does an organisation have to be to carry out a documented health and safety risk assessment?
Firms employing more than 5 staff
What is a method statement?
Document that details the way a work task or process is to be completed
Outlines the hazards involved and a step by step guide on how to do the job safely
Details the control measures introduced to ensure the safety of anyone who is affected by the task or process
The ‘Six Pack’ of Health and Safety Regulations clarify how employers must comply with their duties under the Health and Safety at Work Act 1974. What are the SIX regulations?
Management of Health and Safety at Work
Display Screen Equipment
Manual Handling Operations
Personal Protective Equipment at Work
Provision and Use of Work Equipment
Workplace Heath, Safety and Welfare
What should a sole practitioner do differently with regards to the their complaints handling procedure?
Must nominate a surveyor in another firm to act as their complaints handling officer
How would you prepare for a negotiation?
Agree your client’s objectives and negotiating strategy before starting the negotiations
Detailed research and preparation
Deciding what points you can concede on and which are non-negotiable
Understand the other party’s position
Develop a partnership/collaborative approach, rather than an adversarial approach
Walk away when you need to
What key skills are useful for effective teamworking?
*Listening – to other people’s ideas
*Discussing – team members to ask questions and interact
*Persuading – individuals to consider their positions
*Respect – treating team maters with respect and support their ideas
*Helping – to encourage team work
*Sharing – information to create a positive team environment
*Participating – ensuring all team members get involved
*Communication – have effective communication skills to allow team members to work together
*Reflection and identifying strengths and weaknesses
What are key ways to improve collaboration in a team?
Establish team goals
Communicate expectations
Encourage cohesion between team members
Leverage team member’s strengths
Recognise and encourage collaborative behaviour
Why would it be beneficial to have a greater diversity in the industry?
Greater talent pool
Increased innovation
Benefits reputation
What can you do to try and avoid conflict?
Clear, concise and careful drafting of the contract or lease and associated documentation
Understanding what could go wrong or how misinterpretation between parties might arise
Managing all parties’ expectations by understanding their objectives and clearly communicating these, as well as implementing ‘early warning systems’, including serving of appropriate notices
Negotiating contractual obligation carefully and transparently will help to avoid later conflict or at least enable their efficient resolution
Keeping good records with a sufficient level of detail can often help to resolve conflicts before they escalate
What information barriers does your firm have in place?
Restricted access to files
Clear desk policy
Private meeting rooms
Physical barriers e.g. restricted floor access
What is your company’s business plan?
Our business plan sets out how we will achieve the 3 goals from the Mayors Transport Strategy
- Healthy Streets and Healthy People - Creating streets and street networks that encourage walking, cycling and public transport use
- A Good Public Transport Experience - Public transport is the most efficient way for people to travel over distances that are too long to walk or cycle
- New Homes and Jobs - More people than ever want to live and work in London. Planning the city around walking, cycling and public transport
What are your company’s standards?
Accountability- take personal responsibility for your actions
Active- step up, make things happen and find solutions
Collaborative- share knowledge with others so everyone can make better decisions
Direct- get each task done as quickly as possible
Fair & Consistent- be open and honest and consider other people view points and needs
Give me an example of procedures you have implemented to ensure that you get useful feedback regarding your/your company’s performance
Regular meetings to obtain feedback, 1-1, reviews against objectives
Give me an examples of typical KPI’s that you used on your projects
On PAS the KPI’s were installing to schedule & achieving a minimum quality standard in regard to handrail positioning & the finish.
To measure the schedule KPI it was about compliance with key dates in the programme.
To measure quality required input from engineers who assessed each handrail against a previous installation which had been set out as the minimum quality to meet in regard to stability, finish, etc.
Give me an example of when you have acted with integrity in your work.
When managing tendering processes and evaluating bids, I ensure the correct processes are followed for a fair and unbiased evaluation, ensuring confidentiality of bids, including when publishing contract under the PCR by redacting sensitive/ confidential information
Give me an example of when you have implemented client feedback to provide a higher standard of service.
Whilst taking responsibility of the periodic cost reporting for the power portfolio we became funded by the DfT and the reporting requirement was amended to identify red, amber and green coded projects. I implemented this change immediately following the briefing meeting to ensure inclusion in the submitted report that week
I then had a meeting with the SPM (client) to run him through the changes and obtain feedback
He requested it be colour coded on the forecast to provide clear visual representation of the categorised spend. I implemented this ensuring my reporting going forward was of a higher standard for his needs
Give me an example of when you have treated others with respect
I recognised and respected the different strengths in the two colleagues I mentored, ensuring I treated them fairly and consistently
Give me an example of when you have taken responsibility
I took responsibility for implementing lessons learnt on the platform steps, ensuring locations with CSDE loop works were removed from phase 2 due to the issues with enabling works for this
Give me an example of when you have acted in a way that promotes trust in the profession.
When undertaking the gas compressor procurement, whilst I had significant knowledge on the full tendering process through university & workplace training, I had yet to experience involvement in a full compliant tender as previously all procurements I had undertaken were either via frameworks or below threshold.
I therefore obtained guidance from UK government & RICS guidance notes to ensure I was correctly following the procurement process in line with public regulations, I also sought out assistance from an experience procurement manager to obtain guidance/ confirm I was following the correct process.
This promotes trust in the profession as it shows I understand the importance of having the required skills and knowledge to undertake the role/ advise on the necessary steps
What is the RICS futures report?
- Launched in 2015 and highlighted key trends such as urbanisation, disruption of big data and climate crisis as presenting key challenges to property and construction industries. Since 2015 RICS have analysed trends to keep members informed on how to address these issues
- The 2020 report included findings of the analysis including the fact that construction produces the second largest amount of data but it is estimated 95% of it is wasted. In response RICS are setting up an innovation and technology hub to provide expertise on how data can be put to good use
- 2020 report also found that the rapid urbanisation of China was resulting in polluted, congested and expensive areas and is looking to encourage members in these areas to adopt a more sustainable approach to development
What is the RICS Levitt report?
- Commissioned by RICS following Treasury audit in 2018, which offered a no assurance verdict on RICS internal financial control.
- Prior to the audit RICS had to extend its overdraft facility by £3m due to inaccurate cashflow forecasting.
- The Levitt report was an independent review which provided recommendations.
What were the recommendations of the Levitt report?
- RICS governing council to have more oversight over internal dealings of RICS
- RICS governing council to be briefed by management board instead of single CEO
- RICS governing council to oversee executive management bonuses
- Greater transparency between CEO and management board
- No evidence of improper or illegal conduct
What are the aims of the RICS Business Plan 2021-22
- Incorporating Levitt report recommendations
- open and transparent with members about operation of the institution
- Developing more effective whistleblowing arrangements
- review of senior executive awards
- Immediate financial priorities
- support profession as economies recover from covid and minimise increase in cost of subscription
- utilise surplus cash to pay back furlough money received by the government
- reduce RICS need to access external financial support
- reducing funding deficit in the closed final salary pension scheme
Why did the Rules of Conduct change?
Previous rules had been in place since 2007 and following research and consultation the majority favoured replacing the previous rules, and professional and ethical standards with a single document focusing on clearer example behaviours
What were the changes to the Rules of Conduct?
The Rules of Conduct overhaul the 3 separate documents; rules for members, rules for firms and global professional and ethical standards, providing clearer example behaviours.
What are the professional obligation of members?
- comply with CPD requirements (min 20 hours total, with min 10 being formal. Ethics CPD to be undertaken every 3 years)
- cooperate with RICS
- promptly provide all information requested by the Standards Regulations Board
What are the professional obligation of firms?
- publish complaints handling procedure
- ensure all previous and current work covered by PII
- Locum/ appointed surveyor to cover any work in event if their unavailability
- cooperate with RICS
- promptly provide all information requested by the Standards Regulations Board
- designation to show they are regulated by RICS
- report any matter to RCIS as required by the rules
What steps would you undertake in a main contractor insolvency?
Follow steps in the RICS guidance note on Termination of Contract, Corporate Recovery and Insolvency, e.g.
- secure site and offsite materials
- exercise any contractual clauses e.g. notice of termination
- call in any bonds due
- look at step in rights in collateral warranties are in place
- consider appointment of insolvency expert
- keep record of current progress at time of insolvency
- prepare valuation statement of current progress
- prepare notional final account
- liaise with administrators where applicable
- undertake steps for reletting of works
What challenges of economic recession are relevant to your area of surveying?
- Rising inflation rates has resulted in an increase in the cost of borrowing
- Working from home/ hybrid working has reduced use of office space scaling back projects linked to this
What impact has Ukraine war had on construction?
significant rise in energy prices leading to the increase of building products with high energy input e.g. steel, bricks, plastic
What impact has Covid-19 had on construction?
impacted productivity due to lockdowns and distance working, which also impacted long term material availability
further information can be found in the RICS Covid-19 guidance to surveying services
What impact has Brexit had on construction?
shortage of labour, increase cost of labour and cost of movement of goods
further information can be found in the RICS position statements on Brexit
What is ICMS?
International Cost Management Standard produced as a framework for cost and carbon management in construction.
RICS are one of the bodies that contribute to its development.
What elements are included in a valuation report?
- Preliminaries
- Measured work
- Variations
- Materials onsite
- Materials offsite
- Retention
What happens when time is at large?
- No set completion date
- Obligation for the contractor is to complete the works in a reasonable time
- Liquidated damages can not be claimed as no date to apply them from
How many members does the RICS have?
Over 130,000
RICS professional groups
17 professional groups, however their is also a mental health group
How many countries does RICS operate in?
More than 140 e.g.
- Europe (UK, France, Spain, Germany)
- Asia (China, Japan, India, Australia)
- Middle East (UAE, Saudi, Qatar)
- Africa (South Africa, Nigeria)
- America’s (USA, Canada, Brazil, Mexico)
What does ‘claims made basis’ mean for PII?
The policy covers claims when they are first made during the insurance period, regardless of when the negligent act occurred
What year was the RICS founded
1868
Benefits of being an RICS member
- Develop your expertise and build on expertise
- enhance career prospects
- Build a global professional network.
- Enhance your skills and employability.
- Develop skills and learn through a range of more than 800 courses and events.
- Shape the world by having your say on industry leading consultations and future of the profession.
- Demonstrate higher professional and ethical standards.
-Differentiate the higher quality of your work showing signs of trust and transparency.
What is the purpose of the RICS bye laws
The RICS Bye-Laws provide the power for Head of Regulation and Regulatory Tribunal to make disciplinary and regulatory decisions including issuing disciplinary penalties and costs.
Benefits for firms of being RICS regulated
- Confidence – for clients as regulated firms are monitored by RICS Regulation.
- Professionalism – firms will have to provide clear, impartial and expert advice.
- Security – firms have to have a recognised complaints procedure, access to free independent redress and PII cover.
When is a firm required to register with the RICS
*The firm provides surveying services to the public.
*The firm are operating within the United Kingdom.
*At least 50% of the firm’s principles are MRICS.
When is a firm eligible for RICS registration
*The firm provides surveying services to the public.
*At least 25% of the firm’s principles are MRICS.
How could you avoid claims of negligence
- Clearly understand the client’s objectives and confirm precise instructions in writing in Terms of Engagement.
- Check that you are competent to undertake the work and have all of the necessary information.
- Undertake the work in accordance with the relevant RICS Standards and Guidance Notes.
- Keep up to date with market knowledge and legislation and undertake and record your CPD.
- Cap the professional liability excess on your PII policy in the Terms of Engagement.
- Refer and abide by the Contract terms and conditions of what has been agreed.
Who is the Senior Vice President of RICS?
Nicholas Maclean
What sets out disciplinary process for RICS members & firms?
- RICS Charter and Bye-Laws authorise the Standards and Regulation Board to make Rules on disciplinary procedures
- These rules (Regulatory Tribunal Rules) set out the processes for disciplinary action
What disciplinary actions could be undertaken
- For less serious cases, where the Member admits allegations, Head of Regulation may impose a Regulatory Compliance Order to ensure future compliance with the standards. May include a fine, caution or conditions on the membership of the Member.
- Where the Member does not admit the allegations, but the case may not warrant a hearing, the case may be referred to a Single Member of the Regulatory Tribunal to determine the disciplinary outcome (which may include expulsion).
- For the most serious cases Head of Regulation may refer a case to a Disciplinary Panel, drawn from the independent Regulatory Tribunal. The Panel will conduct a hearing to determine the outcome e.g. fine, expulsion and costs against the Member.
What was the disciplinary process in the case of Emma Walker & what impact did it have on the profession?
A case for non-compliance with a number of the RICS rules and obligations of a member/ firm e.g. acting without integrity by misleading RICS in regard to her qualifications (rule 1), having work carried out by non-competent staff (rule 2) and not having appropriate PII cover (rule 1 & obligation of a firm) led to her case being referred to the disciplinary panel.
Investigation was undertaken with a number of the items of non-compliance proven to be true, this resulted in immediate expulsion from RICS for her and removal of her firm as RICS registered.
The follow on effect has also led to RICS releasing a statement to re-emphasis their disciplinary procedures to maintain confidence in their commitment to regulatory compliance and upholding standards. They have also led to actions to be implemented e.g. enhanced controls around those becoming RICS members, RICS find a member now states if they have faced disciplinary procedures
What is the difference between formal & informal CPD?
Formal CPD can be any form of structured learning that has clear learning objectives and outcomes e.g. webinars, professional courses
Informal CPD is any self-managed learning that is relevant or related to your professional role e.g. private study, on the job shadowing
What is the deadline for submitting CPD for the year?
- completion of CPD activities by 31 December
- Recording of CPD to RICS 31 January
Would you be required to submit the annual CPD requirements if you became a member part way through the year e.g. passing now in June
- No you would not be obliged to but it would be good practice if you could, especially as you should already have CPD recorded for part of this year as part of your requirements for the APC submission
What is the run off pool?
Similar to the assigned risk pool but specifically for PII run off cover.
If a firm is unable to receive run off cover from their insurer they can apply for run off terms from the run off pool
4 CPD requirements
- All members must undertake a minimum of 20 hours CPD each calendar year
- Of the 20 hours at least 10 hours must be formal CPD
- All members must maintain a relevant and current understanding of our professional and ethical standards during a rolling three-year period.
- Members must record their CPD activity online by 31 January.
How do members register for RICS?
- AssocRICS
1. direct entry if member of other professional group
2. Written assessment with 48 hours CPD, passing of professionalism module, & written document covering mandatory & technical competencies max to level 2 and a case study
-MRICS
1. APC structured route (CPD & written) or preliminary review (evidence of experience) leading to final assessment (interview)
2. Senior professional/ specialist route requiring CV, case study & CPD prior to interview
How to register a firm with RICS
- If firm meets the entry requirements to become RICS registered they can apply via the RICS website
- Link to application is online (will include details of firm, evidence of compliance with rules e.g. PII, complaints process, name of principals and if their details if RICS members)
What is the RICS motto?
Est Modus in Rebus
means There is measure in all things
Provide an example of an RICS guidance note you are aware of and have used
Conflict Avoidance & Dispute Resolution black book.
I have used this to understand steps I can undertake during my role to prevent disputes arising eg.
- ensuring clear contract documentation
- Partnering approach collaboration between parties
- good payment practice, ensuring fair evaluations and prompt payment
- record keeping, recording change, agreements, discussions, etc.
Provide an example of an RICS professional standard you are aware of an have used
Conflict of Interest Standard
As an associate member working for a non-registered RICS firm I not only have to comply with my companies conflict of interest process but also ensure I identify and manage conflicts of interest in line with the RICS statement.
So i have used this document to check that the process my company has in place aligns with RICS requirements which it does as it has strict processes in place for identifying and managing conflicts of interest & keeping a record of this.
What percentage of RICS members are quantity surveyors?
Approximately 1/3 so 33%
Have you recently read any RICS articles?
The 2 recent articles I have read are:
- challenges facing SME’s
- why business carbon reporting is vital to cutting emissions
What did you learn from the construction journal article on SME challenges
- Facing challenges in regard to technology as the cost of implementing and training stuff on new technology is much more difficult for them to budget for, especially if it is still early in the adoption process of these technologies
- Legislation uncertainty, updated obligations as a result of Building Safety Act 2022, which come with risk of criminal proceedings means some clients are reducing building sizes to avoid this act being applicable whilst uncertainties on compliance and timescales are understood
- Costing issues, due to material and labour shortages & an increased workload in the last year or so following the drop off in covid, trying to secure costs and available contractors within timescales stated by clients is becoming increasingly difficult.
What did you learn from the construction journal article on carbon reporting?
There is a third-party accreditation scheme called PlanetMark which assist with how to calculate, reduce and offset carbon emissions during the construction phase of a project.
Focuses on team collaboration to predict the likely emissions, investigate carbon reduction methods, and then monitor and record the actual emissions during the construction phase.
It helps businesses to keep track of their emissions and put in place procedures to reduce areas which are high in emissions using accurate data gathering
