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APC P&D RICS Publications & Laws > Publications and Laws > Flashcards

Publications and Laws Flashcards

1
Q

Conflicts

A

Global Professional Statement on Conflicts of Interest (2017)

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2
Q

Dual agency

A

Professional Statement Conflicts of Interest - UK Commercial Property Market Investment Agency

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3
Q

Section 21 of EA Act 1979

A

Law- must disclose to buy and seller nature and extent of personal interest in the property

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4
Q

Estate agents laws changing?

A

May 2022, National Trading Standards Estate and Letting Agency Team has introduced a first phase of changes (Part A)

council tax band or rate
the price
tenure information on properties for sale (freehold or leasehold)
details of any reservation fees to be included.

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5
Q

Complaints?

A

RICS Guidance Note on Complaints Handling (2016)

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6
Q

PII

A

RICS PII Requirements Version 9 2021

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7
Q

Risk, Liability and Insurance?

A

RICS Guidance Note on Risk, Liability and Insurance (2021)

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8
Q

Negligence?

A

Yianni v Edwin Evans (1981) - resi loan val - mortgagee can rely on

Scullion vs Bank of Scotland- BTL lenders valuation does not owe duty of care to borrower

Burgess vs Lejonvarn - duty of care in pro-bono

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9
Q

Section 18 of EA Act 1979

A

Clarity on remuneration for the EAs work, when it will be liable and how it will be calculated

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10
Q

Offers?

A

Under EA act all offers must be submitted to the vendor in writing within 24hours, cannot prejudice a buyer

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11
Q

Limitation Act 1980

A

Limitation for negligence. Contract - 6 years from breach, Tort - 6 years from date claimant suffered loss

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12
Q

Clients money

A

RICS Professional Statement Client Money Handling (2019)

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13
Q

Bribes

A

Bribery Act 2010

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14
Q

Criminal money

A

Proceeds of Crime Act 2002

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15
Q

ML

A

The Money Laundering and Terrorist Financing Regulation 2019

Lets over £8,400 to be registered with HMRC within 12 months

CDD Checks mandatory

HMRC to approve all EAs

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16
Q

Part L

A

June 2022- Conservation of fuel and power in building of new homes

New uplift: All new homes must produce 31% less Carbon emissions

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17
Q

Part M

A

Access to and use of buildings

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18
Q

Building Regs

A

Dept of LU, H & C publishes guidance called ‘Approved Documents’ on ways to meet building regulations - -general guidance on performance expected of materials and building work in order to comply with building regs

Reg A- S

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19
Q

Part B

A

Fire - updated in 2019 but removed for errors - republished June 2022

  1. Resi Buildings Over 11m need a secure info box giving fire services info on building
  2. 18m+ incorporate Evacuation Alert system to help inform residents of a change in evacuation strategy during incident
  3. Tougher EWS standards
  4. Ban on MCM panels with unmodified polyethylene
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20
Q

Part O

A

Covers overheating

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21
Q

Part S

A

Covers infrastructure for charging electric vehicles

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22
Q

Affordable Homes Programme 2021-2026

A

Grant funding to support capital cost of developing. HE £7.39bn to deliver AH by march 2026. Either scheme by scheme bidding or multi-year strategic partnership. Average grant is £20,000 per home.

40% on site acquisition, 35% SoS, 25% at PC

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23
Q

Safe buildings?

A

Building Safety Levy Feb 2021

5 Step Plan - £5.1bn to be invested

  1. Govt to pay for removal of unsafe cladding on resi buildings over 18m
  2. Finance scheme for shorter buildings 11-18m
  3. levy on all resi development

Major developers have pledged to undertake at its own costs as quickly as possible to remediate fire risk.

April 2022- extends Levy on all resi buildings - previously only on those over £18m

Developers with profits over £25m also need to pay Residential Property Tax

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24
Q

Asbestos law

A

Control Of Asbestos Regulations 2012
Management of H&S at Work Regs 1999
Construction. Design and management Regs 2015

H&S Act 2008 enables fines of up to £20,000 + 12months prison

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25
Q

RICS Asbestos

A

RICS Guidance Note: Asbestos: Legal requirements and best practice for property professionals and clients 4th edition (2021)

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26
Q

Height

A

Work at Height Regulations 2005

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27
Q

RICS Registration

A

Rules for the Regulation of Firms (2019)

28
Q

Conduct

A

Rules of Conduct (2021)- Effective 2022

29
Q

Insta

A

Social Media - Guidance for RICS Member (2021)

30
Q

ML & TF

A

Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (amended 2019)

CDD & EDD, Chief of Compliance (Melissa Shaw)

14 years +unlimited fine
5 years + unlimited fine for failure to report

31
Q

RICS ML

A

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

32
Q

H&S RICS

A

RICS Guidance Note on Surveying Safely - health and Safety Principles fro property Professionals 2nd Ed. (2018)

33
Q

H&S Law

A

H&S at Work 1974

34
Q

Work murder?

A

Corporate Manslaughter and Homicide Act 2007

Unlimited fine, prison and disqualification as director of senior management team

35
Q

Fire Law

A

Fire Risk Management Regulatory Reform (Fire Safety) Order 2005

Relates to non-domestic property
Risk assessment and Responsible person
Fire doors, evacuation routes, emergency lighting, fire detection and alarm systems

36
Q

New Fire Law

A

Fire Safety Act 2021

reforms Fire Safety 2005 and relates to resi buildings
Gives fire service rights of enforcement

  1. regular lift inspections
  2. evac plans updated regularly
  3. personal evac for disabled persons
  4. if EWS unsafe all doors internal to be fire doors
  5. Responsible person must manage/reduce risk of fire
37
Q

Building Safety Act 2021

A

Hackitt Review - new laws bans on combustible cladding

38
Q

Injuries to visitors

A

Occupiers Liability Act 1957

Common duty of care imposed to lawful visitors by occupiers and landlords

39
Q

Injuries to tresspassers

A

Occupiers Liability Act 1984

40
Q

Smoking

A

Smoke Free Regs 2007

Fines £50-£2500

41
Q

Landlord obligations?

A

Defective Premises Act 1972 Obligation of landlord to ensure premises comply with requirements

42
Q

CDM

A

Construction and Design Management Regulations 2015, Policed by HSE - to ensure H&S at all points of construction, Main duty holders: Client, Principle Designer, Principle Contractor

43
Q

Mediation

A

RICS Guidance Note on Mediation 2014

44
Q

IED

A

Guidance Note on Independent Expert Determination 2016

45
Q

Witness

A

Guidance Note and Practice Statement Surveyors acting as Expert Witnesses 2014 (amended 2020)

46
Q

Advocate

A

RICS Professional Statement Surveyors Acting as Advocates 2017

47
Q

Conflicts Dispute Resolution

A

RICS Guidance Note Conflcits of Interest for Members Acting as Dispute Resolvers 2017

48
Q

Data

A

General Data Protection Regulations 2018

Data Protection Act 2018

49
Q

RICS Data

A

Proposed: Professional Statement on data handling and Prevention of Cyber Crime

50
Q

Sustainability

A

Guidance Note Sustainability and ESG Guidance in Commercial Property Valuations 2021

Guidance Note Environmental Risks and Global Real Estate 2018

51
Q

Measurement

A

Professional Statement Property Measurement 2018
Code of Measuring Practice 2015

52
Q

Comps

A

Guidance Note Comparable Evidence in Real Estate Valuation 2019

53
Q

Methods of Valuation

A

International Valuation Standards 2020 IVS105

54
Q

Dev Apps

A

Guidance Note on valuation of Development Property 2019

55
Q

DRC

A

Guidance Note on DRC Method of Valuation for Financial Reporting 2018

56
Q

Vals

A

RICS Valuation - Global Standards 2021 “Red Book Global”

57
Q

UK Val

A

Valuation - Global Standards UK National Supplement 2018

58
Q

Valuation of Long Leasehold Interests

A

Guidance Note Valuation of Residential Leasehold Premises 2021

59
Q

Light

A

RICS Guidance Note on Rights of Light 2016

60
Q

Viability

A

Professional Statement: Financial Viability in Planning: Conduct And Reporting 2019

Guidance Note Assessing Viability in Planning under NPPF 2019 England 2021

61
Q

Savills H&S

62
Q

Compliance

A

Chief of Compliance - Melissa Shaw
Head of Compliance - Derry Lynch
Compliance Officer - Christine Cox

63
Q

COmplaints

A

CHO - Carole Bratt

64
Q

RICS Responsible Principle

A

Nicola Mcginis (CFO)

65
Q

Data Controller Manager

A

Tess Griffiths

66
Q

Money Laundering Reporting Officer

A

Christine Cox

APC P&D RICS Publications & Laws (1 decks)

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