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