P&D Pathway 2023 Flashcards
Starting a new practice - RICS Compliance
1- inform RICS
2- appoint Responsible Principal
3- Register with RICS for regulation
4- PII
5- Client Money Handling procedure, Inc protection scheme
6- Register for RICS Valuer Registration Scheme (VRS) if red book vals
7- Approval CHP
8- Complaints log
9- Complaints Handling Officer
10- logo kit
11- Succession Plan (if sole practitioner)
12- CPD logged & staff training plan
13- completion of RICS Annual Return (end of each yr)
Starting a new practice (Statutory)
1) disclose business name
2) Equality Act 2010 compliance
3) Financial Service Cimpliance
4) Appoint money laundering Reporting Officer
5) H&S compliance
6) Asbestos register
7) Fire safety compliance
8) register for data protection (ICO)
9) Estate Agency Compliance
10) Inform HMRC for VAT and tax registration
11) employment law compliance
12) insurance compliance for employer and public liability
Closing a practice (RICS)
1) inform RICS
2) inform clients ASAP & handover to new firm
3) return client monies
4) inform insurers and procure PII run off cover (min 6yrs)
5) retain copy of client files and records (min 6yrs)
Bribery RICS Guidance
Professional Statement 2019
Countering bribery, corruption, money laundering and terrorist financing 2019
My firm’s CHP
1) complaint raised
2) 5 calendar days - acknowledge
3) 10 calendar days - investigate, respond with resolution and anticipated timescales
4) 30 calendar days - full complaint assessment response. What was done. If not done - detail delay cause and anticipated resolution date
5) 56 calendar days (8w) - further info on delay cause, next steps and anticipated resolution
6) update min 30 days until matter resolved
7) complaint resolved = closure response confirming action undertaken
NHQB Complaint Procedure
1- contact online
2- enter details and supporting info
3- if eligible, approach developer for their info
4- both parties review
5- draft decisions for both parties. 10 days for further info prior to publication
6- additional comments reviewed. Published to both parties
Accepting bribe - Maghull
Company policy - £100 max/ calendar yr. OR approval from manager and list on gift register
Bribery Act 2010
RICS GUIDANCE -
1) Proportionality
2) timing - bidd
3) reciprocation
4) Value
RICS Procedures for handling N complaint
Procedure - quick, clear, transparent and impartially implemented
Nominated person - compliance handling officer
Complaints in writing
Acknowledged 7 days / Investigated within 28 days
Example of Planning overview (lv2) - S
Scotforth - site = outline for 95 dwellings and associated access
1) researched and analysed to determine relevant policies, site history and local context to set mine site potential to secure planning consent and desirability
2) as outline PP, noted key info which included s106 contributions
*** key info
** flood zone 1 & 2 (mitigate, inc levels)
** Noise - railway (double glaze and trickle vents
** invasive species surveys and mitigation required
** noise acoustic assessment required
Planning overview (lv3)
Hoddlesden Mill, Darwin
- outline 100 units
- key issues: levels (220AOD East corner, 198AOD Northern corner - sig dif, need retaining walls) and ecology
- outstanding outline conditions not actioned (de-culverting a field drain, flood modelling and floor resilience statement)
ADVICE: don’t bid due to levels and costs to remediate which wouldn’t meet firm’s margin.
What did you submit with temp access application
Full planning permission (8 weeks determination after validation)
1) design and access statement
2) covering letter
3) location plan
4) layout
Progress with Temp access?
S278 officer had no issues. However, principal designer for the council had a different view and refused before we could engage with them.
Lv2 planning overview example - C
Congleton
- selected, researched and analysed CE local plans, housing allocations and housing land supply to determine suitability to consider strength for PP and thus land desirability
- referred to the CE Design Guide (May 2017)
— Volume 1 = characteristics making CE unique & explains to developers & designers how to design appropriately
— Volume 2 = guidance on specific aspects of residential design. To ensure positive for place, fit for purpose, attractive
— implications of design guide: expensive due to specific (road widths, materials, usually beyond what housebuilders expect to do)
What is included in a planning appraisal ?
- site characteristics
- history
- relevant planning policy
Use classes
B- industrial
C- residential (C3 = my firm)
E- Commercial, business and services
F- local community and learning
Sui Generis - ‘of its own kind’
* petrol station, night clubs, casino, theatre, mixed use class, public house
Class for PDR
T&C Planning (General Permitted Developments etc) (England) (Amended) Order 2021
Class MA change Use from Class E to C3
- 3 continuous months = vacant (prior to app)
- 2 continuous yrs = class E
- <1,500 cumulative floor space to be converted
DA - Clayton Le Woods
Greenfield DA
- carried out MR / comparable - sales price / sqft
- hierarchy of evidence (adjustment)
- internal estimating workbook
What’s included in a greenfield valuation
Greenfield is assumed to have no abnormal costs. Site fully prepped and ready to start foundations
- assumes site = clear. No demolition / remediation
- no site specific additional requirements
- no s278 works
- gravity fed sewers
- no sub station
- no retaining walls
- no POS
- planning gain excluded
RIBA stages
0- strategic definition
1- preparation and brief
2- concept design
3- spatial coordination
4- technical design
5- construction
6- handover and close out
7- Use
Talk to me about a sensitivity analysis I carried out (lv2)
Spectra, 400 dwellings. Booming market, record high house prices
- increased sales pace from 3 to 4.5 / month. Despite uncertainty risk
Why were there record high values (spectra - DA)
1) record low mortgage rates (below 2%)
2) SDLT holiday (July 2020-Sep2021) off first £500,000
3) consumer trends - outdoor space, WFH
4) location - cheaper in north than down south
Why was the news predicting a fall in house prices
1) soaring inflation
2) material costs and shortage of labour
3) war with Russia and Ukraine - energy prices and Cost of Living crisis. Less disposable income
Talk me through a detailed appraisal (lv3)
Maghull, 408 units
* determine profitability.
* land value agreed and fixed
* swapped 53 OM plots to PRS units to reduce risk following uncertainty in market
* reduced profit from 24% to 20.23%
* also confirmed build costs estimated, by comparing costs from live schemes. Could also use BCIS (building cost information service) however, no access.
Why does PRS reduce risk ?
1) forward sell plots / guaranteed sale
2) Improves ROCE
ROCE = operating profit / capital employed (total assets-total liabilities) x100
Talk me through a sensitivity analysis i advised on (lv3)
Abergele
1) risk and opportunity schedule
2) prepared sensitivities following this & advised the market was predicted a downturn
3a) build costs increase 3%
3b) OM pace reduction 4 -> 3
4) advised land value would need to be reduced following sensitivity analysis. Could risk not winning bid for the site. However, this sensitivity would reduce risk for the business during an uncertain and struggling market. Therefore, use sensitivity analysis’ residual land value for bid / offer
What is a risk and opportunity schedule ?
To understand and manage proactively, optimising success by minimising threats and maximising opportunities and outcomes AND REDUCE UNCERTAINTY
What did you have in your Risk and Opportunity schedule - Abergele
Abergele
RISKS
- offsite highway works as access down narrow lane. Unsafe so needs widening
- hill, so retaining walls required
Opportunities
- allocated in strategic plan. But expired 2022
- National shortage of affordable in Wales. 10% requirement, so this would provide a huge uplift as we would provide over and above this
- Since submission - My firm have vern successful in getting an option on land with min land value
Timber frame housing benefits
1) typically requires 20% less labour days. So 300,000 gov target is more achievable. Quicker
2) off- site manufacturing - improved H&S due to controlled environment
3) carbon savings
4) renewable material
5) green properties - insulating properties, helping keep us naturally warm and achieve energy efficiency targets
Development / project brief - talk me through board approval (st Helen’s)
Cowley Hill (1,100 units on brownfield land)
- wrote executive note
- detailed the status of DA (land acquisition approval stage), site particulars, project brief, technical overview detailing the abnormal costs, financial position summarising DA and cash flow and construction method statement & programme, Market research to substantiate sales revenue
Abnormal costs on at Helen’s board approval (1,100 unit scheme) - proj brief
- bats in building needing to be demolished (European Protected Species). Would need licence and alt roosting space to be installed prior to demo
- glass factory - burgy waste (by-product of glass manufacturing = silt and fine sand)
- 25 known mine shafts
- railway line tracks
Who are homes England ?
Executive non-departmental public body, sponsored by the Department for Levelling Up, Housing and Communities
Building regulations
Asbestos regulation
Control of Asbestos Regulation 2012
Legislation re H&S
Health and Safety at Work Act 1974
CSCS
Construction Skills Certification Scheme
When is an Environmental Impact Assessment required?
The T&C Planning (Environmental Impact Assessment) Regulation 2017
Schedule 2
>150 dwellings
OR
>5Ha
Demolition = >1Ha [Not required for Thatto as 0.05Ha in size
5 Stages to EIA
1- Screening (EIA req?)
2- Scoping (extent of issues to consider, can ask LPA opinion)
3- Prepare statement
4- Make PA and consultation
5- Decision making
How is my firm meeting Building Regulations Part L (2010 Inc 2023 amendments)
Conservation of Fuel and Power
- increased level of insulation (fabric 1st approach then PC and wastewater recovery - 21 regs)
- fabric first = max performance of components and materials that make up our homes before mechanics and electrical building systems
- fabric first benefits = reduced maintenance costs, tried and tested, decreases human error
How is my firm meeting building regulation Part O
Overheating and mitigation (2010, 2021 edn)
- limited unwanted solar gains in summer
- provide adequate means to remove heat from indoor environment
1) size and design of windows
2) minimise amount of glazing on all non-north facing facades
3) ensure satisfactory openable window area to mitigate against overheating
What does an environmental statement include?
1) Proposed development (design, size, site)
2) likely sig effects on environment
3) mitigation methods
4) substantiated reasoning for options
5) non-technical summary
6) additional info - Inc expected estimates of residues and emissions (air, water, soil, subsoil, pollution, noise, vibration, light heat)
What is Surveying safely
Guidance Note - Surveying Safely - Health and Safety Principles for property professionals (2019)
- sets out basic, good practice principles for the management of H&S for firms and members
Surveying safely key advice for firms
1) safe working environment
2) safe work equipment
3) safe systems of work
4) competent staff
What is a safe person
RICS Guidance Note: ‘Surveying Safely - Health and Safety principles for Property Professionals’ (Feb 2019)
Responsibility for own, colleagues and others’ H&S while at work
6 Pack of H&S
1- management of H&S at work
2- Display screen equipment
3- Manual Handling Operations
4- PPE at work
5- Provision and Use of Work equipment
6- Workplace Health, Safety and Welfare
What is RIDDOR and principles
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulation 2015
- 7+ days incapacitation (away from work) trigger for reporting injuries
- 15 days to report to HSE
- 3+ days injuries to be recorded by employers
- kept in accident book. Kept for min 3yrs after accident / injury
The role of an Auditor
- to ensure financial transparency, accountability, integrity within organisations
- to check findings of the financial audit
- to verify company assets and liabilities
- to monitor, examine and evaluate management policies, practices and activities
What is a profit and loss
A summary of the business’s income and expenditure transactions, prepared usually on an annual basis
What is a cash flow
The amount of cash or cash-equivalent which the company receives or gives out by the way of payment(s) to creditors
Balance sheet (statement of financial position)
A statement of the business’s financial position showing its assets and liabilities
At a given date
Usually the end of a financial year
Business performance measures
1) gross profit margin = GP / sales
2) operating profit margin = operating profit / sales
3) current ratio = current assets / current liabilities
4) Gearing Ratio = (Debt / Equity) x100. Low ratio = low risk as use equity to fund. Used to assess financial risk
5) ROCE = operating profit / capital employed (assets - liabilities) x 100
Future homes standard ?
Ensures that all new build homes, built from 2025 will produce 75-80% less carbon emissions than homes delivered under current regulation
Building Regs relevant
- Part L (conservation of fuel and power)
- part F (ventilation)
Net zero ready homes vs net zero homes
Net Zero Ready Homes = same standard as Net Zero but without the renewable energy systems being installed (e.g. solar panels)
Net Zero Homes = homes that produce as much clean energy as they consume
How is my company meeting Future Homes Standard?
Following 15 June 2023
- solar panels
- waste water heat recovery
- added insulation
2025
- battery
- air source heat pump
2023
- hydrogen boiler
- low carbon materials
9 protected characteristics
UK Equality Act 2010
1) gender reassignment
2) sex
3) sexual orientation
4) age
5) disability
6) race
7) religion or belief
8) marriage or partnership
9) pregnancy and maternity
Direct discrimination
Treated worse than another person because:
- you have
- someone thinks you have
- connected to a person who has
A protected characteristic
Indirect discrimination
A policy applies in the same way for everybody but disadvantages a group of people who share a protected characteristic
- e.g. prohibiting women from wearing headgear (religious belief)
- e.g. policy of only meat provided at company dinner (vegan / vegetarian for ethical or religious reasons)
Harassment
Unwarranted behaviour you find offensive, which is caused by having it being connected to someone with a protected characteristic
Victimisation
Treated someone badly because they have done a protected act or because an employer, service provider or other org believes you have or are going to do a protected act.
- making a claim or complaint of discrimination
- helping someone make a claim by giving evidence or info
- making allegation that you or someone else has breached the Act
- doing anything else in connection with the Act
CEO of RICS
Justin Young
President of RICS
Ann Grey FRICS
Role of RICS
Promotes and enforces the highest professional qualifications and standards in the development and management of land, real estate, construction and infrastructure
FRICS Evidence
4 fellowship characteristics
1) more than 5 years MRICS
2) leadership role
3) professional/technical achievement
4) raising profile of the RICS
Benefits of being a member
1- status
2- recognition
3- market advantage
4- knowledge
5- network
5 ROC
Effective Feb 2022
1- be honest, act with integrity and comply with professional obligations including obligations to the RICS
2- maintain professional competency and ensure services provided by competent individuals with necessary expertise
3- provide good-quality and diligent service
4- treat others with respect and encourage diversity and inclusion
5- act in public interest, take responsibility, act to prevent harm, maintain public confidence in the profession
Ethics decision tree
Provides a framework should members face a potentially unethical situation
1- sufficient facts
2- legal?
3- ROC ?
4- consult appropriate people for informed decision
5- clear reasoning
6- content for actions to be made public?
If yes- ACT, REFLECT & RECORD
How is the RICS governed?
- under terms of Royal Charter
- gov council currently has over 20 members and run the RICS providing management and strategic direction
- 17 specialist professional groups: land, property and construction
- CEO: Justin Young
- President: Ann Grey FRICS
Bichard review recommendations
Reported in June 2022, 36 recommendations in 7 key areas
1) renewed and Inc focus on public interest
2) Maintaining self regulation through greater independence for regulatory functions
3) increased focus on diversity and inclusion
4) empowering and enable members through greater support inc member engagement with younger members
5) independent reviews of RICS governance and effectiveness at delivering its Charter for public advantage every 5yrs
6) a new simplified, clear, accountable governance structure
7) showing greater leadership on issues mattering most to society e.g. sustainability and climate change
What was the Levitt review
Very public exposure of the lack of clarity, structure and purpose of the RICS governance arrangements
Called for a full independent review of the purpose, governance and strategy of RICS
LORD MICHAEL BICHARD reviewed
What has the RICS done following the BICHARD review?
- new governance council elections took place April 2023 to better reflect the geographical locations and disciplines of members
- recruited Diversity, Equality and Invlusion and Sustainable Panel Chairs to lead these priority issues
- announced in April 2023 a package of support to promote and drive member engagement, experience and value initiatives including: free CPD events, working with MATRICS, improved customer experience
My firm’s purpose
A responsible developer, working in partnership to deliver sustainable homes, communities and social value, leaving a lasting legacy of places people love
Company Aim
High return, capital light partnership model. To position the company to deliver sustained growth and provides market resilience
Strategy of firm
35% OM, 65% partner sales (PRS / HA)
- merger of partnership and housebuilding divisions
- combine strength of both operating divisions
- keep it simple, one way of working e.g. standard housetypes, no deviations
- focus on production
- regional businesses to deliver between 500-900 new homes each year
My firm’s plans (ST/MT/LT)
ST = one approach, 35% OM / 65% Partnership. Training of staff for TF construction
MT = improving sustainability. All low rise to be built with TF. TF factories = 5,000 output in 2024, 2,500 2023.
LT = continue to improve sustainability, working for net zero production
Affordability pressures becoming increasingly visible
> 1m households on LA wait list
1-in-10 across Uk living in poor quality housing
310k children sharing beds
110,000 in temp accommodation
Homeless highest in 25yrs
Why important to have up to date business plan
- one clear direction tailored to current market
- confidence of investors and clients
- focus on key priorities
- budgeting
- setting staffing levels
SWOT
Analytical technique to support strategic decision
Strengths / weaknesses / opportunities / threats
PESTLE
To analyse the key feathers of the external environment
Political
Economic
Social
Technological
Legal
Ethical / environmental
Benefits of a bill of quantities
New Rules of Measurement 2 (2021)
1) saves time and cost - of several contractors measuring same design to calc costs
2) consistent basis for obtaining competitive bids
3) provides clear and extensive statements of works to be executed
4) strong basis for budgetary control
Composition of Bill of Quantities
1- form of tender
2- summary
3- prelims
4- measured work
5- non-measured work
6- provisional sums
7- contractor designed works
8- risks
9- credits (for materials arising from works)
10- day work (provisions)
11- annex
General Principles for Measurement and Calculations - professional statement
1) date measurement undertaken
2) state measuring methodology
3) reference to scale, any plans included
4) state conversion factor from metric/imperial and any rounding
5) measurement and calcs clearly documented
6) RICS Members to state why IPMS not used
7) Adopting IPMS = mandatory for reporting resi and office space
Use and limitations of plans and drawings
1) beware of resizing
2) CAD - accurate and efficiently draw using model space
3) CAD - coordinates need to be properly inputted for setting out on site
Conversion Acre to hectare
1 acre = 0.4046 Ha
Purpose of carrying out a takeoff
Maghull
- to include in bill of quantities for the groundworker to estimate costs
What is a bill of quantities
Prepared by QS / estimator
- allow for a direct comparison between contractors pricing on a project
- provides basis for post contract management including valuing variations, final account prep, interim vals and audit