RICS Professional Standards / Key Legislation Flashcards

1
Q

What RICS Professional Standard covers H&S?

A

Surveying Safely 2018

Sets out good practice principles for the management of H&S for members / firms

Individual responsibilities (safe person)
Corporate responsibilities (policies and accountability)
Occupational Health & Well being
Visiting Site
Fire safety

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2
Q

What key legislation covers Health & Safety at work? (x2)

A

Health & Safety at Work Act (1974)

HASAWA (1974) is primary legislation covering occupation health & safety in Great Britain.
Policed by the Health and Safety Executive (HSE) as a criminal offence (with fines / imprisonment depending on severity of breach).
1. Provide a safe place to work
2. Provide safe equipment
3. Ensure staff are properly trained
4. Carry out risk assessments
5. Appoint a competent person to oversee health and safety

‘Six pack’ of H&S Regulations (1993)

Elaborate on HASAWA 1974, providing more detail and guidance in key areas on H&S
1. Management of H&S at work
2. Display screen equipment
3. Manual Handling Operations
4. PPE at work
5. Provision and use of work equipment
6. Workplace health, safety, and welfare.

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3
Q

What new legislation covers building safety in HRBs?

A

Building Safety Act (2022)

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4
Q

What regulations cover health and safety in construction?

A

Construction (Design and Management) (2015) regulations

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5
Q

What is the Corporate Manslaughter & Corporate Homicide Act 2007

A

What legislation covers gross breaches of a duty of care of corporate body, leading to death?

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6
Q

What is the Fire Safety Act (2021)

A
  • Amends Fire Safety order (2005)
  • Applies to all residential premises
  • Requires responsible person to assess, manage and reduce the fire risks posed by the structure, EWs & common areas
  • Allows fire service to take enforcement action on those who do not apply
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7
Q

What does the Occupiers’ Liability Act 1957 state? What about the 1984 update?

A

Duty of care on occupiers / landlords extends to all legal visitors
1984 update extends the duty of care to include trespassers

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8
Q

What legislation covers employers’ duty to provide PPE for contractors and eployees?

A

PPE at Work Regulations (2022)

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9
Q

What RICS guidance is there on Conflicts?

A

Conflict Avoidance and Dispute Resolution in Construction (2012)

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10
Q

What Is the Data protection Act (2017)?

A

UK law that sets out the framework for how personal data is processed and protected.

Covers UK GDPR.

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11
Q

What is the Freedom of Information Act (2000)

A

Law that provides public access to information held by public authorities.
Individuals can request information, subject to certain exemptions.

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12
Q

What RICS guidance is there on D&I?

A

Developing an Inclusive Culture (2024)

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13
Q

What does the Equality Act (2010) cover?

A

What legislation covers direct / indirect discrimination, harrassment, bullying, and 9 protected characteristics?

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14
Q

What regulations cover MEES?

A

MEES (2015)

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15
Q

What is the Climate Change Act (2008)??

A

Every 5 years, UK has ‘carbon budget’ set with challenging targets and increasingly stronger regulations

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16
Q

What is the propery industry doing to tackle carbon?

(UK Green Building Council)

A

UK Green Building Council established a Net Zero Carbon Building Framework (2019) – ‘reduction first’ approach

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17
Q

What is the Energy Act (2023)?

A

Key UK energy legislation

Its primary aim is to transform the UK’s energy system to:
1. enhance energy security,
2. support the transition to net-zero emissions by 2050
3. ensure long-term affordability for consumers

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18
Q

What is the Paris Agreement (2015)?

A

Legaly binding international treaty on climate change

Overarching goal is to “hold the increase in global average temp to well below 2*C below pre-industrial levels”

19
Q

Key Sustainability Legislation?

A

Climate Change Act 2008
(5 year carbon budget)

Energy Act 2023
(transform the UK energy system)

MEES 2015

20
Q

What RICS Guidance is there on Measurement?

A
  • RICS property measurement (2018) (2nd edition = overarching)
  • IPMS AB (2023) is of mandatory application for office and residential
  • With all other assets, COMP (2015) can still be adopted.
21
Q

Are you aware of any professional standards relating to surveying and mapping?

What does it cover?

A

“Use of GNSS in Land Surveying and Mapping (2023)”

Outlines the integration and application of GNSS technologies in land surveying and mapping practices.

22
Q

What professional standard relates to comparable evidence?

A

Comparable Evidence in Real Estate Valuation (2019)

23
Q

What professional standard relates to residual valuations?

A

RICS Professional Standard: Valuation of Development Property, 2019

  • Supplements IVS 410 ‘development property’ and guides valuer on the approach to development property valuations (residual).
  • “best practice avoids reliance on single method” – i.e cross check residual with comparable method
  • DCF good for complex projects, simple better to use residual
  • Sensitivity analysis should be used
24
Q

What is the overarching document relating to valuations?

A

RICS Valuation - Global Standards ‘red book’

25
Name some overarching Planning Legislation
Town and Country Planning Act (1990) Listed Buildings and Conservation Areas Act (1990)
26
What are the key RICS professional standards relating to FVAs?
Financial Viability in Planning: Conduct and Reporting (2019) Assessing Viability in Planning Under the NPPF 2019 For England (2021)
27
Are you aware of any RICS guidance relating to masterplanning?
**RICS Placemaking & Value (2016)** Information paper
28
What RICS guidance is there on leasing & letting?
Code for Leasing Business Premises (2020)
29
What Professional Statement covers the 5 rules of conduct for RICS?
Rules Of Conduct, (2021)
30
Are you aware of any RICS guidance relating to social media?
Guidance For Use Of Social Media, (2021)
31
Which professional Statement covers COIs?
Conflicts Of Interest, (2017)
32
What is covered in RICS PS: UK Commercial Property Market Investment Agency, (2017)
* Dual Agency (i.e buyer and seller) NOT ALLOWED * Muliple Intros must be agreed in terms * Incremental advice if given consent & info barrier
33
What does the limitation act cover?
Deals with breaches of contract * Contract: 6 years from date of negligent act * Tort: 6 years from date claimant suffered loss
34
Which professional standard relates to PII?
RICS Professional Indemnity Requirements, (2018)
35
Which professional standard relates to Client Money Handling?
Client Money Handling, (2019)
36
What is the current RICS guidance on Bribery and Money Laundering? What is it being updated to? What about AML legislation?
* Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019) -----> Countering Financial Crime (AI & digital currency) * Money Laundering, Terrorist Financing and Transfer of Funds Regulations (2017)
37
What legislation builds on HASAWA 1974?
Management Of Health and Safety at Work Regulations 1999
38
What legislation covers bribery?
Bribery Act 2010
39
What does proceeds of Crime Act (2002) cover?
Recovery of Criminal Funds
40
What does Economic Crime Act (2022) cover?
UWOs & Overseas Beneficiaries
41
What legislation covers reporting injuries?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013)
42
What act covers asbestos offences, and what are the penalties?
Health & Safety (Offences) Act 2008 enables fines to a max of £20,000 and up to 12 months imprisonment
43
What RICS PS relates to asbestos?
PS - Asbestos (2021) - best practice to comply with the law