RICS APC Quick Study Flashcards
Payment.
Transaction for works complete or materials procured, terms need to be pre agreed, aware of the timescales to avoid late payment - JCT
Design change
change control procedure , record, time cost quality, variation. Client/contractor. Recorded via. Contract instructions or amending and developing client briefing document.
Variation
Change to specification quality/timings/quantities/design
Cracking
Caused by movement or loadings. Horizontal cracking is caused by the lifting movement, I.e roof spread, lintels or ties corroding. Vertical stepped cracking caused by subsidence or heave. Drains and trees influence. Clay soils
Building safety Bill
Draft published in 2021
Strengthen RRO 2005
Change Building Act legislation
New role of Building Safety Regulator
Ethical Standards
Integrity Service Trust Respect Responsibility
Better Regulation
Think about how fines are given:-
Proportionality Accountability Consistency Targeting Transparency
Rules of Conduct for Members
- Interpretation
- Information to RICS
- Communication
- Cooperation
- Competence
- CPD
- Service
- Solvency
- Ethical Behaviour
Rules of Conduct for Firms
- Interpretation
- Information to RICS
- Solvency
- Service
- CPD and Training
- Communication
- Competence
- Complaints Handling Procedure
- Clients Money
- Cooperation
- Advertisement
- Arrangements for the death or incapacity of a sole practitioner
- Use of Designations
- Professional Behaviour
- Professional indemnity
Principles of Preventing a Bribe.
Proportional Procedures Top Level Commitment Risk Assessment Due Diligence Communications Monitor and Review
International Ethical Standards
- Accountability
- Financial Responsibility
- Integrity
- Reflection
- Standard of Service
- Transparency
- Trust
- Lawfulness
- Conflict of interest
- Confidentiality
RICS registration requirements
- 50% of principals as MRICS
- Operate in the regulated Sector
- Provide surveying services to the public.
Registering a Firm
- Register with the RICS
- Appoint an RICS Contact Officer
- Have PI Insurance
- Complaints Handling Procedure
- Client Bank Account
- Staff Training and CPD.
- Hold appropriate insurance
Complaint.
An expression/statement of dissatisfaction
Bribe
A transaction for an improper cause..
Bribery Act 2010?
Introduced to make giving, receiving, offering or accepting a bribe an illegal activity. This includes facilitation payments.
10 years imprisonment or an unlimited fine
Overview of RICS Structure
- Privy Council - Bye-laws cannot be changed without going through parliament via. Privy
- Governing Council - Develops RICS Strategy
- Standard and Regulations Board - Upholding professional standards.
- Audit Committee - Monitors integrity of financial reporting
- Management Board - Oversee RICS Affairs
Companies CHP
3 Stage Process If there is a complaint - head of BS If unresolved, put a complaint into CHO CHO acknowledges within 7 days CHO responds within 28 days If unresolved, independent redress scheme.
Screed considerations
Non structural screed
- thickness
- even surface
- Intended for finish
- in accordance with British Standards and the floor finish manufacturer’s recommendations
- sand cement mix (generally between 1:3 and 1:4½ cement:sand).
Bonded screed
20-40mm. For my project I installed 35-40mm polymer screed
Issues with screed
Wrong mix
Bad compaction
Not suitable conditions for curing
Bad workmanship
Tests for screed
Drop hammer test - Physical indentation test.
Surface Regulatory Tests - Tolerance of the levels over a short period (2m)
Laser Levelling - level test
Calcium Carbide Test - Moisture
Content Mix Test - Lab analysis
BS Standard for screed
BS - 8204 - ‘Screeds, bases and in-situ floorings. Code of practice
What NHBC Guidance are you familiar with?
Screeds
Foundations
Roofing
Building near trees
Floating screed thickness
> 70mm thickness
Considerations for pitched roofs with insulation at ceiling level
Ventilation is required. The paths should remain clear, i.e. not blocked by insulation or the structure, and should prevent birds.
Flashing heights for lapping up and down an abutment serial
75mm up and 150mm sloped down (horizontally)
Why advice does NHBC provide over building near trees
Provides guidance on depth of foundation based on type and size of tree. Should always consult with an engineer though.
Heave
Upward movement of soil. Caused by the felling or removal of trees, water leaking from drains or services, or change in ground water conditions
Combatting heave
Where foundations and substructure may be subject to heave, they should be protected by voids, void formers or compressible materials. I.e Claymaster
Trees with high water demand
Oak, willow and eucalyptus
Considerations for resurfacing tarmac
All vegetable matter should be removed.
Must be suitable fill material (comprising clean, well-consolidated crushed rock, hardcore, slag or concrete).
Sub-bases not exceeding layers of 225mm.
Thickness for surfacing
225mm subbase MOT Type 1
60-80mm binding course asphalt concrete
25-40mm surface wearing course. Hot rolled asphalt or stone mastic asphalt
Falls for tarmac
Recommended minimum of 1:80, however, it is preferred between 1:40 and 1:60 and must drain away from a building
Size of brick
225mm x 112.5mm x 75mm
Including a nominal joint thickness of 10mm
Size of a block
A common block size is 440mm long x 100mm wide x 215mm high
Mortar mix for typical wall above DPC
Cement lime and sand 1:0.5:4.5
High saturation risk areas on superstructure
- below the DPC
- areas of severe or very severe exposure to driving rain
- parapets
- retaining walls
- freestanding walls
- rendered walls
- chimney stacks.
Money Laundering
The concealment of illegitimate money through legitimate business.
The Money Laundering, terrorist financing and transfer of funds regulations 2017
Combatting money laundering as a business
Companys must have training Policy in place to prevent Risk assess Clients Due Diligence Money Laundering Officer
Conflict of Interest
Someone or something that has the potential to affect an individual or firms ability to act impartially on a professional assignment.
Conflict of interest professional statement 2019
What types of conflicts of interest does the professional statement refer to?
- Part Conflict
- Own Interest
- Confidential Information
Gifts and Hospitality
Question timing of Gifts
Adhere to Company’s Policy for Gifts and Hospitality
RICS Countering Bribery, Corruption, Money Laundering and Terrorist Financing. Professional Statement
How to counteract the possibility of bribes and money laundering under the professional statement, countering bribery, corruption, money laundering and terrorist financing?
To counter the above, you must:
1. Declare 2. Attend relevant training 3. Act in compliance with employers policy 4. Take a leadership role
ADOPT THE PRINCIPLES OF PREVENTION. (PTRDCM) Proportional Procedures, Top Level Commitment, Risk Assessments, Due Diligence, Comms, Monitor and Review.
PI Requirements
Provides cover against professional negligence that could cause loss to company and their clients.
- Minimum policy wording
- Issued on a claims-made basis
- Minimum Indemnity must match turnover
- RICS Listed Insurer
- Run off cover for past and present employees
- Keep insurers well informed
Why do you want to be a member?
- It is the Gold standard of the profession
- So I can be recognised by my clients as competent member of the RICS.
- Helps with my career progression and gives me a stepping stone.
- Globally recognised qualification.
The Roles of the RICS?
- Maintain High Standards
- Protect Clients and Consumers
- Be the Leading source of information on the Built Environment, Land and Property.
What does the RICS mean to you?
It was founded in 1868. It has a Royal Charter promoting the usefulness of the profession for the public advantage. It is a globally recognised institution. Renowned for its rigorous and successful assessment of professional competence to ensure members are a safe pair of hands when acting in the public interest.
Pillars of sustainability
Social
Economical
Environmental
Triple bottom line - Financials
The term used describe the three factors that are interlinked to define the overall performance of a company:
- Social
- Economical
- Environmental
Three common threads for Safety in Design and Specifications
Guidance Note: Design and Specification
- Safety
- Compliance
- Sustainability
Classifications of Floodwater
- Clearwater
- Greywater
- Blackwater
New Rules for Members/Firms
- Must be honest, act with integrity and comply with their professional obligations.
- must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
- must provide good-quality and diligent service
- must treat others with respect and encourage diversity and inclusion
- must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
Can you summarise the new rules and why they were introduced.
They are introduced as a clearer framework for members/firms to follow.
Collates all the Ethical Standards, Rules of Members/Firms into one. Makes it easier to read. 5 New Rules for Members/Firms. Professional Obligations are appended to the back of the rules.
Profit and Loss Account?
Financial Account
Revenue and expenditure
Over a period of time
Balance Sheet
Financial Snapshot
Assets and Liabilities
At a point in time
Cashflow Forecast
Financial Account
Money in and out of a business
Running Balance
Management Accounts
Internal Financial Accounts
Informal - no structure
Plan & Manage money
RICS Guidance Notes or Legislation on accounting principles and procedures
RICS Professional Statement on Client Money Handling
Company’s Act 2006
Business Plan
A decision making process based on market analysis and forecasting to set a company’s goals and objectives.
Content of a business plan
Vision Mission Statment Aims Strategy Objectives SWOT/PESTLE Analysis Client Identification Social/Environmental Sustainability
SWOT Analysis
Strengths
Weaknesses
Opportunities
Threats
PESTLE Analysis
Political Environmental Sociological Technological Legality Economical
SMART Targets
Specific Measurable Achievable Realistic Timely
ADR
Mediation Adjudication Arbitration Conciliation Expert Determination Early Neutral Evaluation.
Adjudication
Adjudicator is appointed.
A trained professional.
Short timeframe - 28 days
Binding Decision on parties
Arbitration
Private procedure A 3rd Party Arbitrator - a trained professional Binding decision No timescale Expressed within JCT Contract
RICS Initiatives for ADR
RICS DRS - 40 year old service to industry
Introduced to lower cost and to Take pressure off courts
New Arbitration Scheme - Fast Track for max value of £100k (6month). Or Selective for Min value of £100k (12 month).
Avoiding Disputes
- Clarity of scope
- Clear payment terms
- Keep Good Records
- Complete Contracts
- Review competence
Typical Disputes
- Non-payment of monies
- Delays
- Extensions of Time
- Poorly executed work
- Clarification of scope of a project.
RICS Guidance Notes or Legislation on ADR
Conflict Avoidance and Dispute Resolutions in Construction (Guidance Note)
Mediation (Guidance Note)
Surveyors acting as Arbitrators in Construction Disputes (Guidance Notes)
Surveyors acting as Adjudicators in Construction Disputes (Guidance Notes)
Housing Grants Construction and Regeneration Act 1996
UK GDPR
Give UK Citizens more control of their data.
UK Companies must comply with privacy laws.
Sets key Principles for businesses to follow.
Set the rights for individuals.
£17.5 million fines.
Data Protection Act 2018
Primary Legislation enforcing the UK GDPR.
Adapted as the storage of data moved electronically.
Also adapted following Brexit to incorporate UK GDPR.
GDPR Principles
(L P D A S I A)
- Lawfulness, fairness and Transparency
- Purpose Limitations
- Data Minimisation
- Accuracy
- Storage Limitations
- Integrity and confidentiality
- Accountability
Individual Rights under GDPR
(BAREROAD)
- Be Informed
- Access
- Rectification
- Erasure
- Restrict Processing
- Object
- Automated Decision Making
- Data Portability
Sensitive and Personal Data
- Religious Beliefs
- Political Beliefs
- Race/Ethnic Origin
- Genetic or Biometric Data
- Sexual orientations
- Membership of Trade Union
Personal Data, is home address, email address, phone number
RICS Guidance Notes or Legislation on data management
Data Protection Act 2018
UK GDPR 2018
Freedom of Information Act
Sustainable methods I have used:
- Have worked with M&E Consultation to appraise whether the clients’ buildings are suitable for Air Source Heat Pumps.
- Use aluminium over PVC windows
- Use of recyclable materials
- Introducing more soft landscaping and have an awareness of SuDS
- Investigate whether MMC is possible on projects
How is your company sustainable?
- Less printing
- Green policy
- Conscious of the carbon footprint of our work phones
- Promote travel via. Public transport.
RICS Sustainable initiatives
- Carbon Database
- SKA Rating Encouraged
- Sustainability Reports
- Value the Planet Campaign (Adopting UN’s Sustainable Development Goals (SDGs))
- Professional Statement - Whole Life carbon Assessment for the Built Environment
- Guidance Note - Resource Management: Improving efficiency and reducing waste.
Global Initiatives in sustainability
- COP26. 26th meet between United Nations to discuss climate change. Kyoto Protocol, Paris Agreement.
- Reducing rising temperatures by reducing greenhouse emissions
Sustainable technologies and methods
Air Source Heat Pumps Ground source heat pumps Mixergy tanks Photovoltaic Panels Cork Render Pre-fabrication (MMC)
Definition of Sustainability
The ability to meet the needs of the present without impacting on the ability of future generations to meet their own needs.
RICS Guidance Notes or Legislation on sustainability
Building Act 1984 Building Regulations 2010 Approved Documents A-S Climate Change Act 2008 Environmental Protection Act 1990 Wildlife and Countryside Act 1981 Energy Act 2011 Flood and Water Management Act 2010 Minimum Energy Efficiency Standards Part L
Environmental protection act 1990?
The authority for waste management and control of emissions into the environment. Unauthorised or harmful depositing, treatment or disposal of controlled waste is prohibited with prohibition enforced by criminal sanctions. I.e. asbestos, Japanese knotweed etc.
Flood water management act 2010
Introduced following the flooding of 55000 homes in 2007. Act requires better management of flood risk. New responsibility to Environment Agency and Local Authority to coordinate flood risk management in their area.
What is BS8300?
BS8300 is a British Standard that sets out how buildings should be designed, constructed and maintained to create an accessible and inclusive environment for disabled people
Sustainable Targets under the climate change act
Climate Change Act - Reduce emissions from 1990 levels by 31% in 2025
Reduce emissions by 78% in 2035
Be Net Zero by 2050.
What is Net Zero?
Achieving a balance between the emissions produced with the emissions taken out of the atmosphere.
What is the BRE and can you name any publications?
Building Research Establishment.
They are an independent research based consultancy, testing and training organisation.
BRE Digest 251 - assessment of cracking in low rise buildings.
361 - Why do Buildings Crack?
245 - Rising Damp in walls
444 - Corrosion of steel in concrete.
What is SAP?
Standard assessment procedure
Is a 4 stage process - draft design, final design, draft build, final build.
Predicted energy use
Scores from 1-100. EPC Rating A = 92-100.
Hierarchy of Risk Control
Eliminate Substitute Engineering Controls Administrative Controls PPE
Undertaking a Risk Assessment
Identify hazards Decide on who it affects Evaluate risks Record Review
CDM Regulations
Secondary legislation
Governs H&S in construction to ensure H&S is managed from inception through to completion. Brought it to combat injuries and deaths in the construction industry
HASAW Act?
Primary Legislation
Governs occupational H&S in the workplace in GB.
CAR 2012
Dutyholder
Governs the control and management of asbestos in non-dwellings
protect the workers carrying out developments and people working within normal occupation
Regulatory Reform (Fire Safety) order RRO 2005
Responsible Person
The legislation governs the requirement for the responsible person to undertake risk assessments to effectively control and manage risks in relation to fire safety in non-dwellings.
The employer has an obligation to record the assessment under the Act where they employ 5 or more staff.
Client duties under CDM
Manages the resourcing of a project. PCI - Responsible. Sufficient time and resource Welfare is provided Appoint duty holders Relevant information is issued. Ensure Principal Designer/Contractor carry out their duties
Principal Designer Duties
Plan manages and monitors the pre construction phase
H&S File - Responsible.
Coordinate with Designer to develop H&S File and eliminate risks.
Coordinate with Client and help develop PCI Information.
Ensure team within pre-construction phase communicate
Liaise with contractor to inform them of any risks that need to be controlled.
Principal Contractor Duties
Plans manages and coordinates the construction phase.
CPP - Responsible
Coordinate with Designer to manage risks
Ensure competence of workers (skills knowledge and experience)
Provide CPP prior to commencing works.
Liaise with client and PD for duration, to ensure all risks are effectively managed
Take into account the H&S risk to everyone affected by the works
Ensure suitable welfare facilities are provided .
Designer Duties
Eliminates, reduces and control risks on a project.
Provide design information to PD for PCI and H&S file.
Provide design information to the PC
Cooperate and communicate
F10 Notification
Required when the project exceeds 30 working days and 20 workers working simultaneously at any one point or the project exceeds 500 person days.
What is Client Care?
- Building Relationships
- Providing a full service within scope of competence
- Identifying Client Types
- Managing the process within the public interest.
- Always adhering to the Global Ethical Standards.
Reporting to Client
Time - Programme
Cost - Reconciliation sheets
Works Progress - Standard form for site visits
Principles of Client Care.
Feedback Complaints Handling RICS Codes of conduct Different types of clients and genres Identifying new and existing clients.
Choice of Consultant Appointment? Can you describe the content?
RICS Short Form or Standard Form of Appointment
- Obligations and services provided - Payment - Fee - Insurance - Termination - Dispute Resolution - Limitations of Liability (6 years - short form) - Notices - Governing Law (Law of England and Wales)
Pros of using a standard form
- Fair transfer of risk between the parties
- Proven legal basis in case law
- Familiar to Clients
- Clarity, comfort and protection to both parties
- Avoids misunderstandings and disputes
- Defines fees and payment provisions
- Asserts and retains Copyright
Why use a short form of appointment?
Tried and tested
Low value, non complex works
Normal service type appointment
Various Communications
In-Person Recording Meeting Minutes Emails Reports Not each stakeholder can meet in persons variation is required.
Preparing for Negotiation
- Detailed research
- Prepare your Win-Win Situation
- Prepare you Full back position
- Decide on your negotiables and non-negotiables
- Develop a partnering approach
- Focus on the project not the individuals