RICS Core Material Flashcards

1
Q

Name some keys things you should/shouldn’t do within fee negotiations

A

-Fees should be market based and agreed on an ad-hoc basis with clients
-Firms should avoid price fixing
-You can enter into fee negotiations with prospective clients after submitting your initial fee proposal as long as you act in a professional manner
-Shouldn’t be seen to undercut other firms
-Referral fees should also be considered in the context of the Bribery Act 2010 & Ethical Standards 2015

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2
Q

Why are Terms of Engagement required?

A

States in writing the clients agreement to the proposed fee basis, payment of expenses (and how calculated) & that a copy of the firms complaints handling procedure is available upon request.

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3
Q

What are the three steps to follow in regards to TofE

A
  1. Check professional competent
  2. No COI or personal interests
  3. Confirm TofE in writing and get written approval from the client before you start work on the instruction
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4
Q

What right do consumers have under the Consumer Rights Act 2015?

A

Allows a cooling off period of 14 days from the date of the agreement

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5
Q

When would it be appropriate to decline an instruction?

A
  1. If you are not competent to undertake the work - outside your limitations
  2. You do not have sufficient facts on the issues
  3. The proposed client will not sign TofEs and/or complete AML checks.
  4. There is a COI or personal interest
  5. Professional Indemnity Insurance (PII) liability cap cannot be agreed
  6. The advice is for a friend or on a pro bono basis & your PII will not cover work carried out on a personal basis.
  7. Potential client is included in the UK Governments sanctions lists.
  8. Would you be content for your actions to be made public.
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6
Q

Define a Conflict of Interest and examples

A

When a member of firm’s independence and impartiality is threatened due to the existence of a conflict between two clients.

-Any financial interest
-A personal interest
-Commercial relationships
-Acting on both sides of a transaction

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7
Q

Define conflict avoidance

A

Conflict avoidance is when you do not accept the instruction

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8
Q

Define conflict management

A

When the instruction is accepted and steps are agreed and put in place to manage the conflict, such as an information/ethical barrier, with the written agreement of all parties

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9
Q

Define the mandatory statement that covers conflict of interest

A

RICS Global Professional Statement on Conflicts of Interests, 2017. Came into effect on the 1st Jan 2018.

States;
-Member must not advise/represent a client where doing so would involve a CofI or an interest of significant risk of a CoI, other than where all those who are or maybe affected have provided their informed consent.
-All conflicts must be managed in accordance with the professional statement
-Every RICS firm must have a system in place for the size of their firm
-Every RICS firm must keep records

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10
Q

When can you get informed consent?

A

Where the RICS member or regulated firm is satisfied that proceeding despite a CoI is in the interests of all of those who are or may be affected & is not prohibited by law (RICS, 2017).

-Has to be in writing

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11
Q

Name the three types of CoI’s

A
  1. Party Conflict - work on the same or related instruction for two different parties
  2. Own Interest Conflict - A personal interest
  3. Confidential Information Conflict - Work between two parties that is confidential
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12
Q

What are the three steps you as the surveyor should take when dealing with a conflict of interest

A
  1. Conflict avoidance - Consider if conflict is irresolvable because impartiality is compromised & should be avoid or can it be properly managed.
  2. Written advice to both parties - In writing disclose nature of the conflict, circumstances surrounding and your proposal for how the firm intends to deal with it, be clear, request written confirmation from both parties of their informed consent.
  3. Conflict management - With written consent, you then sent up a information barrier as agreed with the clients
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13
Q

What are some of the aspects included within an ethical barrier in terms of a CoI

A

-Robust enough as to offer no chance of info passing between the two parties
-The surveyors acting on the two sides must be different & they must be physically separated, ideally in different buildings with different support staff
-A clear audit trail should be kept

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14
Q

What does S.21 of Estate Agents Act 1979 state?

A

Declare facts promptly and in writing before you accept the instruction

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15
Q

How long must you hold files for after closing a job?

A

A minimum of 6 years

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16
Q

Explain how you would deal with a complaint from someone who you owed a duty of care to.

A
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17
Q

Who does a duty of care apply to?

A

To clients and third parties including pro bono (market appraisals) Burgess V Lejonvarn (2020) owed in tort

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18
Q

What is included in the Limitation Act 1980?

A

Current limitation periods for negligence;

-Contract - 6yrs from the breach of contract or omission, S14 provides alternative limitation period of 3yrs from the date of knowledge subject to the 15yr long-stop

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19
Q

What needs to have occurred in order for a negligence claim to be made?

A

When a duty of care is breached -> loss -> damages (negligence claim)

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20
Q

Name some key facts about complaints handling procedures.

A

-RICS Guidance note on complaints handling, 2016
-A firms CHP must be approved by the RICS
-Have to notify your PII insurance asap if there could be complaint claim
-Details of CHP should be issued at the same time as Terms of Business
-Complaints log must be kept & maintained
-An RICS approved Alternative Dispute Resolution within CHP

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21
Q

Name the details of the two stages standard minimum procedures of CHP

A

Stage one;
-Details of CHP issued, when a valid complaint received who the firm owes a duty of care
-Procedure must be quick, clear, transparent & impartiality implemented
-Details of the complaints handling officer must be stated
-Complaint must be made in writing
-Procedures & strict timescales to be followed for the investigation of the complaint should be recorded
-Complaint should be acknowledged within 7 days & investigated within 28 days

Stage Two;
-If complainant isn’t happy with the review, second step is to use a independent redress scheme that the firm has chosen
-Name of appropriate IRS must be stated to complainant

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22
Q

Name four requirements of Continue professional development

A
  1. Members must maintain at least 20hrs of CPD/annum
  2. At least 10 hrs must be formal
  3. All members must maintain a relevant & current understanding of RICS Professional & Ethical Standards every three years rolling
  4. All members must record their CPD using RICS CPD mangement system
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23
Q

Define formal and informal CPD

A

Formal:
-Includes All forms of structured learning that has clear objectives and outcomes

Informal:
-includes soft manage learning what is relevant or related to your professional role

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24
Q

Why are firms/sole practitioners required to have Professional Indemnity Insurance (PII)?

A

-To protect clients, surveyors and third parties against negligence claims why duty of care is breached
-All members must ensure adequate and appropriate level of insurance in place
-All polices must be underwritten by an RICS approved insure
-Certificate of insurance must be sent to the RICS yearly

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25
Q

Why do you need run off cover?

A

Because even if you retire/close the practice you can have a claim brought against you up to six years after the hobby or three years from when the claim was actioned.

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26
Q

What are the rules that govern clients money

A

-Rules of Conduct for firms
-RICS Professional Statement ‘Client Money Handling’ 1st edition 2019

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27
Q

Name the six main areas of good practice set out within RICS Profess Statement Clients Money Handling 1st ed 2019 .

A

Holding client money, providing info to clients, receipts of client money, payments from client accounts, accounting records & controls, compliance.

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28
Q

Name some key procedure when handling clients money as set out by RICS Profes Statement Client Money Handling 1st ed 2019

A

-Client accounts must be kept separately & clearly identifiable
-Word ‘client’ must be on the account
-Money must be available to the client immediately
-Interest payments must be agreed with the client
-Bank account & expenditure must be checked monthly
-Accurate records kept with running balance
-Annual audit reporting to certified accountant employed by RICS (they generally inspect every 3yrs)
-Cash transactions must be properly recorded
-Signatories must be agreed, two signatures should be required
-All firms handling clients money must display their procedures doc’s on website

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29
Q

What is the RICS Clients Money Protection Scheme

A

Made for claims from clients, last resort protection where RICS regulated firm can’t repay clients money.

-Limits on the scheme
-Split into two;
Clients money protection for surveying services & client money protection for residential agents

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30
Q

State the things you must do when starting a new practice

A

-Inform RICS of the new practice by filling out firm detail form
-Appoint Responsible principle for RICS communications & Complaints handling officer (in another firm if SP)
-Register with RICS for regu of the firm
-Arrange PII & send deets to RICS
-Set up procedures to address Client money handling
-Register for RICS Valuer registration scheme
-Get RICS approval for CHP & set up complaints log
-Obtain logo kit from RICS
-Plan for succession if SP
-Log CPD
-Set up staff training plan
-Complete RICS annual return

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31
Q

Name the statutory compliance required when starting a new practice

A

-Disclose business name
-Disability discrimination compliance, Equality Act 2012
-Financial service & market act, 2000, compliance. Financial Services Act 2012
-Bribery Act, 2010
-Appoint money laundering reporting officer
-H&S Act, 1974 compliance
-Asbestos register, 2012
-Firer Safety compliance, 2005
-Data protection
-Estate agency compliance, Estate agents act 1979
-Misrepresentation Act, 1967
-Inform HMRC for VAT
-Compliance with current employment law
-Insure

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32
Q

Name the two key data protection acts

A

General Data Protection Regulation, 2016
Data Protection Act, 2018

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33
Q

What do you need to do to be FRICS?

A

Be a member for a lest five years, have contributed to the RICS

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34
Q

What is the full title of the Red Book?

A

RICS Valuation Global Standards JAN 2022

35
Q

Define the DRC (contractors) method

A

Estimating the cost of replacing the property with a similar property of the same size, quality, and function

36
Q

What is mundic?

A

A deterious material

37
Q

What is the difference between a hazard and risk?

A

Hazard: something that could potentially cause harm. Risk: the degree of likelihood that harm will be caused.

38
Q

What is contaminated land?

A

where substances are causing or could cause: significant harm to people, property or protected species

39
Q

Describe what Japanese knot weed looks like

A

-White flowers
-Green heart shape leafs
-Red step

40
Q

What is the objective of the Red Book?

A

Constancy, objectivity and transparency

41
Q

Define approaches

A

Market (comps)
Income (invest or profit)
Cost (DRC)

42
Q

Define the methods of valuation

A

Comparable, investment, profits, DRC & residual

43
Q

What is S.18 of The Estate Agents Act 1979

A

Information to clients of prospective liabilities.

particulars of the amount of any payment falling within or above, if that amount is not ascertainable at the time the information is given, an estimate of that amount together with particulars of the manner in which it will be calculated.

44
Q

What services do not incur VAT?

A

Financial services, health care & education

45
Q

What is the definition of money laundering & what act governs this?

A

Illegally obtained money purchasing large items - such as property

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

46
Q

If a money laundering situation is discovered, who deals with it?

A

The organised crime agency

47
Q

Define ‘double dipping’

A

Acting for both sides

48
Q

What did the case Jones V Kanye (2011) mean?

A

Overturned 400years of immunity to mean that expert witnesses can be held liable for damages and negligence.

49
Q

What are the new RICS document categories?

A

Professional Standard: Set requirements for competent and ethical practice

Practice Information: Provide advice or practice support to members/firms

50
Q

What should be included within the complaints handling log?

A

-Description of complaint
-Date
-What went wrong
-Actions taken
-Any improvements to processes to be undertaken?

51
Q

What are the key points of Surveying Safely, 2018?

A

-Introduction of the safe person concept. Each individual assumes responsibility for themselves & their colleagues when at work
-A safe working environment
-Safe work equipment
-Competent staff

52
Q

What are the key points of Health & Safety at Work Act 1974 act?

A

Places a duty on employers to ensure the health and safety & wellbeing of employees (including providing correct equipment)

Also a duty placed on employee to act sensibly

53
Q

What was the purpose of the Birchards review?

A

Clarify the purpose of the RICS, make recommendations on structure.

36 recommendations, all being alimented

Suggested the over hall of the submitting platform and prioritising engagement from young RICS through increasing focus on MATRICS events

54
Q

What is the difference between ethical and professional conduct?

A

Professional conduct = practical path to fulfilling those ideas

Ethical conduct = the theoretical ideas, professional conduct

55
Q

Why is client care important?

A

Help grow firms business & reputation

56
Q

What are the consequences of breaching the consumer protection act?

A

Criminal court
Fines up to 10% of global annual turnover

57
Q

When were the CPR brought in and what do they do?

A

Consumer Protection from Unfair Trading Regulations 2008
-Brought in protection for the ‘average’ customer
-Material information has to be provided to the customer

58
Q

What does the equity mean in diversity, equity and inclusion

A

Fair and just practice

59
Q

In regards to your case study what EPC rating did it achieve?

A

B

60
Q

What is the National Planning Policy Framework?

A

Sets out the governments economic, environmental and social planning policies for England. Sets out framework for preparation of local and neighbourhood plans.

61
Q

What are the three types of asbestos? And which is worse?

A

Blue, white and brown

Blue is worse

62
Q

What act governs asbestos?

A

The Control of Asbestos Regulations 2012

63
Q

What RICS documents relate to sustainability?

A

Sustainability and ESG in commercial property valuation and strategic advice 2022

64
Q

What health and saftey legistation do you need to comply with when selling a property?

A

Building Safety Act 2022

Came about after Grenfell to help deal with the cost of remedial works putting responsibility on developers and government

65
Q

What is the act relating to AML?

A

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

66
Q

What is the act relating to AML?

A

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

67
Q

When was the Anti money laundering and terrorist financing act last update?

A

2020

68
Q

What is a Politically Exposed Person?

A

An individual with prominent public function (i.e politician)

69
Q

How do you manage a relationship with a PEP?

A

-get senior management approval for the business relationship
-take adequate measures to establish the source of wealth and source of funds
-closely monitor the business relationship throughout

70
Q

Who do you report suspicious AML activity to?

A

AML officer and National Crime Agency (NCA)

71
Q

What causes a compliant

A

Lack of clarity I.e not having agreed terms

72
Q

Is there a limitation liability to individuals?

A

No, just businesses

73
Q

Why would an information barrier be put up? And what is it?

A

In order to avoid a conflict.

-Prevent communication between certain individuals or groups

74
Q

What documentation did the RICS produce to support Rule 4?

A

Diversity, equity and inclusion (DEI), Feb 2024

Focuses on the best person for the job

75
Q

Would you accept a coffee from a prospective tenant?

A

In regards to the Bribery act the gift would be proportional but I would not feel comfortable accepting this

76
Q

Can you describe a time you complied with the Rules of Conduct?

A

Rule 2
Undertaken my CPD requirements

77
Q

What is bye law 4?

A

Contribution of funds

78
Q

What are the five principles of better regulation?

A

Transparency
Consistency
Proportionally
Targeting
Accountability

79
Q

What is the UKs aim in regards to sustainability?

A

UK looking to establish a framework to assess sustainability. Would affect listed companies.

This was following International Sustainability Standards Board (ISSB) was announced at COP26 - UK key supporter.

80
Q

What act regulates sustainability within the UK?

A

The Environment Act, 2021

81
Q

What are the principles of the environment act?

A

the precautionary principle;
the polluter pays principle;
the integration principle (ensuring environmental protection is integrated into all areas of decision making);
the prevention principle; and
the rectification at source principle.

82
Q

How is sustainability measured?

A

On environmental, social and economic principles

83
Q

What is resource efficiency?

A

Resource efficiency includes the reduction of primary and non-renewable materials, the creation of high-quality products with minimal waste, and the retention of long-term product value.