RICS Flashcards
RICS CEO:
President:
Rural Chair:
Dr Sean Tompkins
Kath Fontana
Gerard Smith
RICS 5 Ethical Standards
Act with integrity Promote trust in the profession Provide a high level of service Take responsibility for your actions Treat others with respect
5 principles for better regulation
Proportionality, accountability, consistency, targeting and transparency
13 Rules of conduct for firms
CPD, Competence, service, solvency, info to RICS, Coop RICS, Professional behaviour, complaints handling, client money, PII, correct advertising, use of logos, procedure for death of sole practitioner
7 rules of conduct for members
CPD, Competence, Service, Solvency, Info to RICS and Coop with RICS
Setting up your own firm
Inform and reg with RICS, appoint contact officers, PII, business insurance, complaints handling, client money protection, anti money laundering officer, logo kit and procedure for death of sole ptracitioner
What is PII
Professional indemnity insurance.
Covers legal defense costs and expenses that may be awarded if we have provided an inadequate service.
Closing your own firm
Inform Companies House, RICS and Clients. Inform PII (run off cover for 6yrs £250,000 min) and retain files for 6 years
Rics motto
Est Modus in rebeus (there is measure in all)
Purpose of RICS
Protect the public and it’s members
Roles of RICS
- Regulate and promote the profession
- Maintain the highest level of education and professional standards
- protect clients and consumers through a strict code of ethics.
9 Characteristics of equality act 2010
Age, Sex, Sexual orientation, gender assignment, marraige, pregnancy, disability, Race, religion.
How long can you store data for
No longer than is necessary for the purpose for which it was processed
What is personal and sensitive data?
P- any data used to identify an individual.
S- Race, medical history
7 Principles of GDPR?
Lawfully, transparency and fairness Legit reasons Relevant Accurate Store for time needed Confidential Accountable
SCC Data breach procedure
Email the form on the intranet to the information governance unit immediately. Inform service manager, access nature of incident and consider who else needs to be informed.
How do you handle client money?
Held on separate cost code so are ring fenced and can’t be spent. RICS reg firms must have separate account (either General or discrete).
What is arbitration?
Appointed by RICS or CAAV decides case. award legally binding and can be enforced through the courts.
What is mediation?
3rd party assists communication and negotiation to achieve resolution.
What is a conflict of interest? and 3 types?
Anything that could prevent anyone acting objectively and independently. Party, own interest and confidential information.
Typical crop rotation
WW, WB, OSR + WW, BEANS
What is a break crop and why are they important?
Crops from different plant families used to:
- Improve cereal yields
- Reduce weeds and diseases
- Reduce cereal herbicide resistance
- return nutrient to soil
What is a cover crop?
A non- cash crop grown after a periods of regular crop production to protect and improve soil. Radish and Mustard
What are NVZs and what are the storage requirements?
Nitrate vulnerable zones, areas of the country designated as being at risk from ag nitrogen pollution. 58% of england.
6 months - pigs and poultry
5- cattle and sheep
When can’t you spread organic manure?
1st oct - 31 Jan Tillage land
15th oct - 31 Jan Grassland
When can’t you spread nitrogen?
1st sept - 15 Jan Tillage
15 sept - 15 Jan grassland
What is a Building reinstatement valuation?
The sum a building should be insured for in the event that a significant issue occurs, such as fire, where by a building will need to be reconstructed
What is BVD?
Bovine Viral Diarhoea, highly contagious disease in cattle caused by the pestivirus
What are MEES?
Domestic minimum energy efficiency standards, 1 April 2020 EPC cannot be below E. £3,500 max spend
What is a local plan?
Document produced by LPA to set planning policies in the LPA area 2020-2040
Effect of Town and Country planning act 1990
Super seeded 1947 act. Principally divided planning into forward planning and development control
What’s required when submitting a planning application?
Standard app forms, location plan, site plan, design and access statement, correct fee, any surveys.
What is the NPPF?
National planning policy framework 2019. Sets out governments planning policies for England. Vital tool to ensure that we get planning for the right development in the right places of the right quality whilst protecting our environment.
Factors considered under class R (56 day notice)
Transport and highways
noise impact
contamination risk
flood risk
What is operational development?
Where operations were stated to result in some physical alteration to the land itself, as opposed to material change of use which did not interfere with the actual physical characteristics of land.
What is Scail?
Simple calculation of atmospheric impact limits. Assess impact from ag sources on semi-natural areas such as SSSI & SACs. Estimates amount of acidity, nitrogen or Sulphur deposited on to a habitat.
What are building regs?
Sets standards for the design and construction of buildings to ensure H&S for people in and about building.
What are farmers options under TB restrictions?
- AFU
- Orange markets
- TB isolation units
- Move to other TB restricted holding
- Straight to slaughter
RICS ethics publications
The Global professional and ethical standards
Gestation periods of cattle: sheep: pigs:
283 days, 152 days and 114 days
Hedge cutting season
Not between 1st March to 1 sept
Slurry storage calc numbers?
Milkers 53l
Dry/young 40l
Parlour washings 30l x180 days
450sq.m yard av rainfall 56.7 x 6 months
Building space requirements
Milkers 9m Loose housing 0-6months 4.9 6 months 6.8 dry cows 6.8 calves 1.5
Reseed cost in case study?
Seed 56
Fert 35
Spray 30
Plough 21 Power Harrow 17 Drill 11 2 Fert app 7 1 spray 3
What legislation governs EPCS?
Energy performance of buildings Regulations 2012
What legislation governs adverse possession?
Land Registration Act 2002
5 elements of adverse possession?
Hostile, open, statutory period, exclusive, continuous and uninterrupted
What act governs Reg 3 planning applications?
Town and Country planning general regulations 1992
Types of RICS guidence?
Practice statement, codes of practice, guidance notes and information papers
Sections to protect against adverse possession?
S31 Highways act 1986
S15 Commons Act 2006
GDPR regulations
Data protection act 2018 is UK implementation of GDPR. Sets guidelines for the collection & processing of personal and sensitive information.
Case study objectives?
- Enhance and maintain the estate
- Provide a return on capital expenditure
- Provide opportunities for new entrants into ag
- Ensure operations are run in a financially responsible manner to minimize cost, optimize income and support the long term viability of the estate.
GDPR penalties
17.5 million euros or 4% of turnover
H&S penalties
Unlimited fine, up to 2yrs imprisonment and directors disqualified for up to 15 years
What is a common Law TA?
Agreement between L & T is not regulated by particular law. Covered by contract and law from court judgements.
Penalty for no EPC
Domestic £200
Non domestic 12.5% of ratable value
MEES penalties for non compliance
Domestic prop
up to £2,000 for less than 3 months
up to £4,000 for 3 months or more
Max £5000 for property
Wheat GM
Seed 30
Fert 80
Spray 100
AHA S25 NTQ A-H cases for possession
A. 65+ and alternative accom available B. Non ag use C. Bad husbandry D. NTC to pay rent expired E. Breach F. Insolvency G. Death H. Amalgamation of ag unit
AHA security of tenure and succession key date
12th July 1984
Assured tenancies key date
28th Feb 1997 auto ast
Define profit and loss statement
Shows the revenue and expenses of a business over a given time period
British standards of a new building and inclusive envionments?
BS5502
BS8300
ATA 1995 T improvements and fixtures sections?
S20 Basis of val
S22 NTC
S8 Fixtures
Define Cash flow?
shows how much money a business expects to receive in and pay out over a given period of time usually monthly and displays opening and closing balance.
Define balance sheet?
A statement of assets, liabilities and capital of a business at a particular date
Effect of Ag Act 2020?
- Replacement financial support system
- Food security
- Changes to AHA tenancies
Who does you need to report a data breach to?
Information commissioners office
AML limit
up to 10,000 euros
Control of asbestos regulations?
2012
What year were the model clauses?
1973 The Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973
2015 The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015
Where can you get building costs from?
BCIS The Building Cost Information Service
Hedge cutting exemptions
Garden hedge or if planting OSR (1 August- apply to RPA for written derogation for cross compliance)
CDM 2015 When must HSE be informed?
500 person days or 30 days with 20 workers
Electrical inspections and AHA- costs?
cost split 50/50 for remedials under AHA
Council tax for vaccant properties
28 days free
300% over 5 yrs
What is a fixture?
Any item affixed to the holding
ROC calculations
uplift/ capital spend x 100
Size of two new buildings
167 & 242
Electrical qualification
NICEIC- National Inspection Council for Electrical Installation Contracting
Repairing obligations for Resi TAs
Section 11 L&T Act 1985
Capital gains tax rates
Lower band Resi prop 10% non resi 18%
Higher band Resi 20% non resi 28%
Penalty for non compliance of elec regs
£30,000
Documents/legislation to promote inclusive environment
Document M of building regs
Section 8 NPPF
BS8300 goes beyond doc M
Section 20 Equality Act 2010
MEES dates
1st April 2018 can’t grant new leases below E
1st April 2020 All existing and new leases
Oil Tank location regulations
1.8m from: flamable building or structure openings liquid fuel appliance flue terminals 760mm from flamable boundary 600mm from screening
When did the elec regs come in?
1 April 2021
max amount of land for AST
2 acres
Future MEES
D band by 2025
C band by 2030
Legislation that covers property advertisements
Consumer protection for unfair trading regs 2008