Progress Meeting Questions Flashcards
Tone of the Roll
1966 Act- Making any new or altered entry in the VR in an Intermediate year, the level of value to be stuck is that which applied for the making up of the roll in the previous year of revaluation. The purpose of the provision is to secure a uniformity of level of value in the RR for the whole period between revaluations. Revaluation is a fresh start, ideally a completely fresh survey of all the lands and heritages in an area an a new assessment of valuation.
Methods of Valuation
1 . Comparative
2 . Profit/loss
3 . Contractors
4 . Investment
5 . Residual
Ratable Occupation
Possession
Permanence
Actual use
Control
Actual use
Hypothetical tenant
Property falls to be valued at the amount of the yearly rent obtainable for it in its present state and in respect of its occupation for such purposes as its present state renders possible, without reference of its potentialities for adaptation, by building or engineering, to other more profitable uses.
“ there is in valuation law, no reason why rent obtained for shop used as bakers or grocers should be used as a proper element of comparisons in fixing the annual value of a shop which is occupied by a licenced grocers” Lord Patrick 1954 case
Unum Quid
The guides for single entry are:
Geography test
Functional test
Terms of letting
Capable of being separately let
Acting’s and intention of the ratepayer
Alteration of the roll:
S2.1 (1) 1975 act
a. Property which was in existence at time -missed
b. New entry which has come into existence since VR made up/
c. Results of boundary change
d. Material Change of Circumstances -Alt value
e. Result of successful appeal
f. Correct any error of Measurement, survey, or Classification or any clerical or arithmetical error in any entry therein.
h. Deleting property which no longer exists.
Case Law-non domestic
Turnover
Whitebread Cumbernauld – Beefeater Treatment of Over performance allowance/inducements. Can apply hybrid approach, adjusting liquor or food figures.
MCC
Discos – Curfew no MCC all affected equally done on comparative basisLink Housing Ass 94 -Bedsits – entered separately.
……
Costs (P&M)
Monsanto – Not rellavant in Scotland but recognition of Harmanisation Issues. To be considered when looking at large incus. Valued on contractors only – the LT found fire protection was not Ratable under 1994 P+M act as it protected other things and was not used mainlt to protect heritadment
St Fergus – LT accepted assesors contention that Fire protection served mainly lands and heritages therefore ratable. The exeption being parts that served now ratable plant.
Car parks
Ravenscroft – knightswood case concerning a carpark serving group of tenanted shops underlease L/L obliged to provide common car parking. Shops entered V/R at values mater less than tone date rents. Car parks held to correctly entered in V/R Dickson Properties Rents didn’t incl car parks.
KPI . Source and timelines
Annual Buisness Plan 23/24. - Not Statutory
CT new entries and Amendments to the val roll: 0-3 months 85%, 3-6 months - 10% and 6+ months -5%
Freedom of information
Freedom of information act 2002 implemented in 2005
If you are dissatisfied with the way your request is dealt with, you can ask for a formal review and thereafter appeal to the Scottish Information Commissioner. The Commissioner is a fully independent public official, with a range of powers under the Act to ensure compliance
GDPR – who are the 3 people involved?
Controller – entity responsible for processing
Processor – natural/legal entity that process on behalf of the controller
Data protection Officer – leadership of company’s citizens personal data, overseeing its approach, strategy, and implementation.
Confidentiality – who’s permission
Confidentiality is where info is provided but subject to confidence and not shared without permission.
Permission from owner of information – Company, tenant ect
Meta Data
Meta Data is information about a specific piece of data.
For example, when sharing a cost planning document, the Meta Data associated with this could consist of information about the author, the file size, the date the document was created and keywords to describe the document.
We must ensure that this Meta Data is afforded the same level of care as all other confidential data.
In a scenario where we are sharing a document or removing confidential components of a document, we should ensure that any confidential meta data is not shared inadvertently.
Intellectual Property – Definition
This is the right to control the use and ownership of original works.
Work created by an employee usually belongs to their employer unless copyrights are put in place.
It is common within construction for a client to be granted license for use and reproduction of copyright material which should be clearly defined.
This could be the right to use a particular design by a subcontracting specialist who retains control of the original copyright.
Code of Measuring Practice
6th Edition 2015
GEA
Gross External Area (GEA) - The entirety of the space contained within the main external envelope of the building measured externally at each floor level including: Canopies, External balconies, fire escapes, garden stores.
GIA
The entirety of space as measured from the inside face of the main external walls including: Columns, Mezzanines with permanent access, loading bays, lift wells.
NIA
Net Internal Area (NIA) - The usable space within a building measured to the face of the main external walls including: Atria with clear height above, measured at base level only, kitchens, built-in cupboards, notional lift lobbies.
Partition walls
> 0.1m
Structural walls
> 0.3m
Tools used for measuring
- Measuring Wheel
- Meter Stick/Rod
- Disto
Disto Calibration
establish a constant baseline. …Glasgow - George square 100ft Brass
Take at least 10 measurements from a fixed point. …
Average the measured values and use the average to determine the systematic deviation from your baseline value
Should be done yearly
Use of membership card changes?
RICS are no longer issuing plastic membership cards. They are now digital and become available 24 hours after payment of your annual subscription, or on initial entry to membership.
What is a permitted development rights?
PDR refer to those forms of development which are granted planning permission by legislation, meaning they can be carried out without a planning application. Specifically, PDR are contained within the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the GPDO”).
What is Dilapidation and where is it found?
An item of dilapidations is an allegation of breach of contract and as such is actionable in law.
In the context of property, ‘dilapidations’ might be defined as:
‘The breach of a non-monetary obligation under the terms of a lease such as an obligation to repair, reinstate, redecorate or to comply with statute.’
‘Wants of repair’ might be defined as: ‘The remedial action reasonably required to correct a breach of a nonmonetary obligation.’
Which is found within the lease between parties.
What is a CSCS test?
Construction Skills Certification Scheme (CSCS) cards.
CSCS cards provide proof that individuals working on construction sites have the appropriate training and qualifications for the job they do.
RICS was recognized in 2021.
Professionally Qualified Person
The PQP card is available to competence-assessed members of CSCS-approved professional bodies.
What is an NRM?
RICS NRM: New Rules of Measurement,
NRM provides a standard set of measurement rules and essential guidance for the cost management of construction projects and maintenance works.
NRM 1: Order of cost estimating and cost planning for capital building works
NRM 2: Detailed measurement for building works
NRM 3: Order of cost estimating and cost planning for building maintenance works
What is a measured Survey?
Measured surveys involve taking measurements of sites or buildings in order to produce accurate drawings to scale. They are usually specified to an agreed level of detail, to acceptable accuracy tolerances, scale, delivery times and costs.
CT Assumptions?
The council tax (valuation of dwellings) (Scotland) Regulations 1992
- Free of Heritable security
- Vacant possession
- State of Reasonable repair
- Common parts in a state of reasonable repair
- There is no development value apart from permitted development.
- Permanent use as a dwelling.
- Fixtures and fittings for disability adaptation are not taken into account.
- Size layout and physical state of Locality, where the same at the time of valuation took place.
Definition of MCC
S.37 1975 Act: “means in relation to any lands and heritages, a change of circumstances affecting there value and without prejudice a decision of the LVAC or VAC” n.b. amended by 1984 Act to include a dec of VAC, LT or LVAC or if rents are lower than at tone – can be MCC reduced.
The change must have occurred at some time after the roll was made up, the question whether a change has occurred is objective. Date it actually happened and not date Assessor learned of its imp. N.b. General value levels may fall since tone date, but this is not necessarily MCC. The change must affect value. Onus on ratepayer to prove this.
