Legislation, Professional Standards & Penalties Flashcards

1
Q

What legislation or RICS guidance is relevant to client care?

A

RICS Rules of Conduct (2012)

Limitation Act (1980)

Bribery Act (2010)

Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations (2017, 2023)

Sanctions and Anti-Money Laundering Act (2018)

Proceeds of Crime Act (2002)

RICS Professional Standard: Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019)

RICS UK PII Requirements (2024)

RICS Professional Standard: Client Money Handling (2019)

RICS Professional Standard: Conflicts of Interest Global (2017, effective 2018)

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2
Q

What legislation or RICS guidance is relevant to communication and negotiation?

A
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3
Q

What legislation or RICS guidance is relevant to health and safety?

A

Health and Safety Executive

  • Health and Safety at Work Act (1974)
  • Management of Health and Safety at Work Regulations (1992)
  • RICS Professional Standard: Surveying Safely - Health and Safety Principles for Property Principles (2nd Ed, 2018)
  • Building Act (1984) and The Building Regulations (2010)
  • Construction (Design and Management) Regulations (2015)
  • Building Safety Act (2022)
  • The Control of Asbestos Regulations (2012)
  • RICS Professional Standard: Asbestos (2021)
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4
Q

What legislation or RICS guidance is relevant to accounting?

A

Financial Reporting Council

UK Generally Accepted Accounting Principles

International Financial Reporting Standards

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5
Q

What legislation or RICS guidance is relevant to business planning?

A

RICS Professional Standard: Conflicts of Interest Global (2017, effective 2018)

The Construction Act (2009)

Arbitration Act (1996)

RICS Practise Statement & Guidance: Surveyors Acting as Expert Witnesses (4th Edition, 2023)

RICS Practise Statement & Guidance: Surveyors Acting as Advocates (2nd Edition Prof Stat, 3rd Edition Guidance Note)

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6
Q

What legislation or RICS guidance is relevant to conflict avoidance?

A

RICS Professional Standard: Conflicts of Interest Global (2017, effective 2018)

  • Arbitration Act (1996)
  • RICS Guidance: Independent Expert Determination (2016)
  • RICS Practise Statement & Guidance: Surveyors Acting as Advocates (2nd Edition Prof Stat, 3rd Edition Guidance Note)
  • RICS Practise Statement & Guidance: Surveyors Acting as Expert Witnesses (4th Edition, 2023)

AND RICS Practise Alert - Expert Witness (February 2024) so remind members of their legal /professional obligations

The Construction Act (2009)

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7
Q

What legislation or RICS guidance is relevant to data management?

A

Data Protection Act (2018)

UK GDPR (General Data Protection Regime)

Freedom of Information Act (2000)

Proposed RICS Professional Standard on Data Handling and Prevention of Cybercrime

The RICS launched a consultation in March 2025 on new professional standard for responsible AI use

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8
Q

What legislation or RICS guidance is relevant to diversity and teamworking?

A

Equality Act (2010)

RICS Rules of Conduct (2021) - Rule 4 (Promote Diversity & Inclusion)

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9
Q

What legislation or RICS guidance is relevant to inclusive environments?

A

Equality Act (2010)

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10
Q

What legislation or RICS guidance is relevant to development appraisals?

A

RICS Professional Standard: Valuation of Property Development (2019)

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11
Q

What legislation or RICS guidance is relevant to planning and development management?

A
  • The Town and Country Planning Act (1990)
  • The Localism Act (2011)
  • The National Planning Policy Framework (2024)
  • The London Plan (2021)
  • Housing Design Standards (2023)
  • CIL Regulations (2010)
  • RICS Professional Standard: Financial Viability in Planning: Conduct and Reporting (1st Ed, May 2019)
  • Planning (Listed Buildings and Conservation Areas) Act 1990
  • Infrastructure Act (2015)
  • Neighbourhood Planning Act (2017)
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12
Q

What legislation or RICS guidance is relevant to legal and regulatory compliance?

A

Included in all other competencies

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13
Q

What legislation or RICS guidance is relevant to valuation?

A

RICS Valuation - Global Standards (2025) (The Red Book)

RICS Valuation - Global Standards (UK National Supplement, 2025)

Professional Standard: Sustainability and ESG in commercial property valuation and strategic advice (effective 2022)

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14
Q

What legislation or RICS guidance is relevant to measurement?

A

RICS Code of Measuring Practise (2015)

IPMS (International Property Measurement Standards)

RICS Professional Standard: RICS Property Measurement (2nd Ed. January 2018)

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15
Q

What legislation or RICS guidance is relevant to surveying and mapping?

A

The Land Registration Act (2002)

RICS Professional Standard: Measured Surveys of Land, Buildings and Utilities (3rd Ed., 2014)

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16
Q

What legislation or RICS guidance is relevant to development and project briefs?

17
Q

What legislation or RICS guidance is relevant to masterplanning and urban design?

A

Housing Design Standards (2023)

18
Q

What legislation or RICS guidance is relevant to sustainability?

A
  • Climate Change Act (2008)
  • Minimum Energy Efficiency Standards (2015)
  • RICS Sustainability Report (2024)
  • Professional Standard: Sustainability and ESG in commercial property valuation and strategic advice (effective 2022)
  • The Agricultural Land Act (1931):
  • The Building Act (1984)
  • The Clean Air Act (1956)
  • Heat Network Regulations (Billing & Metering) (2020)
19
Q

What legislation or RICS guidance is relevant to your case study?

A

Town and Country Planning Act (1990)

RICS Professional Standard: Valuation of Property Development (2019)

20
Q

What legislation is relevant to Ethics?

A

RICS Professional Standard: Complaints Handling (2016)

21
Q

What are LL PII requirements?

A

Low risk: £2.5m
Medium risk: £5m
High risk: £10m

22
Q

Are there are any upcoming Professional Standards?

23
Q

Is there any upcoming legislation?

A

Building Safety Levy:
Under the Building Safety Act (2022), the Building Safety Levy (as of Autumn 2026, levy charged on all new dwellings and PBSA, revenue will go towards building safety remediation)

GLA Viability:
Fast track:
- Schemes that are mainly social rent quality for GLA’s fast track at a lower provision than the London Plan threshold of 35%
- However this is guidance that LPAs can take a view whether to adopt
Late stage reviews:
- Incentivise delivery of small/medium sized sites by allowing developers to retain 70% surplus profit (currently 40%). To quality you have to have 25% AH.
Grant funding:
- New grant to assist developers in switching SO to social rent or intermediate

Draft London Plan Update (2025)
- Supporting AI, tech, healthcare and creative industries
- Data centre growth
- Repurposing old offices

Newham Local Plan Update:
- Draft has been submitted (Regulation 19) and LBN are responding to representations
- Key changes include increasing housing target, increasing social rent target, reducing concentration of PBSA

24
Q

Who polices money laundering?

A
  • UK: HMRC / FCA / National Crime Agency (through a SARS report)
  • Firms: Must have a Money Laundering Reporting Officer
25
What are the penalties for money laundering?
- Tipping off: 5 years prison / unlimited fine - Assisting: 14 years prison / unlimited fine
26
Who polices bribery?
Serious Fraud Office
27
What are the penalties for bribery?
10 years prison / unlimited fine
28
What are the penalties for not having an EPC?
- Resi: £200 for non display - Commercial: 15.5% of RV / £500-5,000 fine for non display on marketing
29
What does the Fire Safety Act (2021) set out?
- Responsible person has a legal duty to assess the external walls and fire doors and complete a Fire Risk Assessment (FRA). Legal requirement. - A Fire Risk Appraisal of External Walls (FRAEW) might then be required if there is a suspected risk from a material used. Legal requiremnet. - An External Wall System (EWS) can then be required for HRB by lenders / mortgage valuers. It's not a legal requirement.