SOE - Mandatory Questions Flashcards
When you assisted your colleague with the complaint following a level three building survey, what did you do to ensure you responded in line with your firms complaints handling procedure?
I contacted the client and provided them with a copy of our CHP, which outlined the two stages of the procedure.
To commence stage one, I asked the client to send details of the complaint to the firms complaints handling officer and provided their details.
I explained that we would consider the complaint as soon as possible and provide a response or update within 28 days.
On receipt of the complaint, my colleague and I visited the property to corroborate issues raised and compare to their initial report, so a detailed response could be provided.
This ultimately lead to an amicable solution.
I then logged all information in the complaints log.
What was the complaint that you assisted your colleague with and how did you reach an amicable conclusion?
The complaint was from a client who had previously instructed a colleague of mine to carry out a L3 Full Building Survey prior to purchasing a property. Since moving into the property, and following some cold and wet weather, the client was experiencing blistering to paintwork, damp stains and water droplets running down the face of the external walls within their bedroom. They were adamant that the surveyor had failed to advise them that the property had damp issues.
On review, and following a visit, to assess the property it was fairly evident that the defects, were a result of condensation and not penetrating damp.
The complaints handling officer asked me to draft a report to explain this to the client and also provided them with guidance on how to deal with condensation within their bedroom. The client accepted the response and the issue was logged.
What is your firms’ complaints handling procedure?
Being a RICS regulated firm, we have a CHP in place that meets the regulatory requirements. It is a two stage procedure.
Stage 1 – After formal written receipt of the complaint, it is considered and responded to within 28 days. If this client is not satisfied with the response they can elevate the response to stage two.
Stage 2 - Provides the client with the opportunity to take their complaint to CEDR The Centre for Effective Dispute Resolution, as approved by RICS.
What is your duty as an agreed surveyor, who do you owe a duty to?
When appointed as an agreed surveyor, I am required to act impartially as normally required and have a duty to protect the rights of both parties.
When the adjoining owner appointed you as the agreed surveyor, could your appointing owner have said no?
No. Following recent case law (Amir-Siddique V Kowaliw – 2018) it can be seen as unreasonable if owners refuse to allow their opposite to agree to an “agreed surveyor” and could result in costs being awarded against them.
Did you feel that being appointed as the agreed surveyor would form a conflict of interest?
No, I was content that my appointment as the agreed surveyor would not affect my impartiality or create any form of conflict of interest.
What are enclosure costs?
These are costs paid to a building owner, where use is made by an adjoining owner of work that had previously been carried out at the sole expense of the building owner. The cost is calculated at the rates effective at the time the use is made.
Why did you decide to involve a specialist when reviewing the excavations in Netheravon Road?
The excavations uncovered roots to a large London plain tree, that was located within the local authority pavement. Through a dynamic risk assessment, I was not comfortable with instructing these works without the opinion of a professional, as any damage caused could potentially lead to the tree falling, which would case untold amounts of damage.
How do you gather client feedback?
Following completion of projects, I ask client to provide a performance review, which can be completed anonymously or not. For smaller jobs I send clients a link to our website or google review page, and ask them to provide a review rating or feedback.
Have you ever had any negative feedback and what have you done about it?
I have not. However, I would always be sure to thank the client for their feedback and take the comments on board so I can provide the best service possible.
What questions do you normally ask your clients to develop a detailed brief?
I ask questions such as, is the project time sensitive, what is your budget, what are your expectations, do you have any design, aesthetic or material preferences, etc.
How was the monthly leaseholder leaflet distributed to the residents?
This was distributed via the managing agent, as they had already had the residents’ email addresses. The managing agent then forwarded me and the project team any comments or queries from the residents.
Explain the different fee bases you use/are aware of.
Within my company, the fees are essentially broken down into three options.
1. Hourly rates. This is for disciplines such as party wall or expert witness.
- Fixed fee – This is for disciplines such as defects reports and building surveys. Although there is a price matrix depending on the type of property, level of report…etc.
- Percentage based fee – This is for contract administration.
What is included in your terms of engagement?
The terms of engagement used by my firm, follow the RICS framework and include:
- Identities of clients and the responsible surveyor(s).
- Any conflicts of interest.
- Description of assignment and end purpose.
- Relevant legislation, standards and regulations.
- Scope of involvement and any limitations.
- Assumptions.
- Info supplied.
- Limit of liability.
- Description of deliverables.
- Basis of the fee.
- Follow-up work.
- CHP.
At Burnt Ash Hill, when you provided the client with the draft specification, what additional elements did they ask you to include?
They asked for the existing fixed pane communal window to be changed to an openable casement window.
Regarding the property in South Woodford, how did you advise the client on the roofing options available?
It was initially proposed to use a single ply roofing system, which I did not believe was appropriate due to the fact the roof would be accessed for maintenance of the AC units and single ply can be easily punctured.
I therefore advised the client of these concerns and introduced a high performance felt system and liquid plastic system as alternatives.
I explained that a felt roofing system is a lot more durable, can be cost effective, can come in a variety of colours and can be installed with a 30 year single point guarantee.
Alternatively, a liquid plastic roofing system could be used which is also long lasting and can obtain long term guarantees, it is seamless and easy to install and repair. The product is cheaper than felt per m2, but would be quicker to install.
What are the benefits of client care?
- Improved customer loyalty.
- Better brand perception.
- Word of mouth marketing.
What are the benefits of terms of engagement/condition?
Terms and conditions give clarity about what should service is being provided. They clearly set out the key terms which govern the assignment and help both parties what the ultimate outcome should be.
How do you send compliant party wall notices?
For a notice to be valid, it needs to contain the following:
1. The name and address of the building owner.
2. A description of the proposed works.
3. The date when the works will start. 1 month for S1 & S6. 2 months for S2.
4. Drawings are also required when serving under section 6 or when special foundations are proposed.
What was your tactic/style of negotiation to agree a reduced fee for the hoarding at Wisley Court?
The specification had allowed for a timber framed hoarding. However, when works began the contractors erected Heras fencing to a reduced area, which served its purpose to safely isolate the working area.
When the contractor applied for the cost of a full timber hoarding, the negotiation was fairly simple as this was clearly not an item that had been completed, and there was a record of the fencing that had been installed, to what extent and for how long.
What are the benefits of written instructions?
Written instructions help ensure that everyone involved is clear on what has been agreed and can help prevent misunderstandings.
What is the benefit of negotiation?
Negotiation can help prevent conflicts from escalating or resolve disputes quickly and cheaply.
Please explain your understanding of the health and safety at Work Act 1974.
The HASAWA provide a framework for developing health and safety regulations, codes of practice, and guidance in order to protect the health and safety of employees, members of the public, and others affected by work activities.
Please explain your understanding of the Work at Height Regulations 2005.
The Work at Height Regulations 2005 are a set of regulations that aim to prevent injuries and deaths from falls from height. They apply to anyone who controls or is responsible for work at height, including employers, facilities managers, and building owners.
Please explain your understanding of CDM 2015.
The Construction (Design and Management) Regulations 2015 (CDM 2015) are a set of regulations that govern the health, safety, and welfare of construction projects. The regulations apply to all building and construction works, but is only notifiable in certain circumstances.
CDM 2015 defines legal duties for many people involved in a construction project, including clients, designers and contractors.
When is CDM 2015 notifiable?
When the project is expected to last more than 30 working days
When the project will have more than 20 workers working at the same time at any point
When the project exceeds 500 person days
