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RICS APC - EVIE > Submission > Flashcards

Submission Flashcards

1
Q

ETHICS - What is the role of the Governing Council ?

A

It runs the RICS providing management and strategic direction.

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2
Q

ETHICS - How is the RICS governed?

A

By the terms of its royal charter and by various internal boards and councils.

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3
Q

ETHICS - What is the Governance structure ?

A

“1. Privy Council
2. Governing Council
3. Standard and Regulations Board
4. RICS board management
5. Audit, Risk, Assurance and finance committee
6. Nominations and reumeration committee
7. World regional boards and market advisory panel”

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4
Q

ETHICS - How many members are there in the Governing Council?

A

20

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5
Q

ETHICS - Can you provide some details of the Governing Council?

A

“Chaired by the RICS President - Tina Paillet
RICS President Elect - Justin Sullivan
RICS Senior Vice President - Nicholas Maclean
They sit above 6 professional group seats (Building Surveying, Building Control, Commercial Property, Valuation, Land & Natural Resources and Residential Property).
They sit across 13 geographical locations.”

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6
Q

ETHICS - Who is the CEO of the RICS?

A

Justin Young

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7
Q

ETHICS - How many specialist groups are there in the RICS ?

A

17 - Covering land property and construction.

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8
Q

ETHICS - Why do you want to be a chartered surveyor?

A

For international status and for giving my clients the upmost confidence in my work.

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9
Q

ETHICS - What is the RICS motto?

A

Est Modus in Rebus

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10
Q

What is the RICS mission?

A

To be recognised in worldwide markets as a leading body that sets and enforces standards. Offers access to sought after professional status in land, property and construction.

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11
Q

ETHICS - What are the 4 levels of membership?

A

Trainee/student, AssocMRICS, MRICS, FRICS

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12
Q

ETHICS - When was the RICS founded?

A

1868

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13
Q

ETHICS - When was the RICS granted its royal charter?

A

1881 by the privy council

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14
Q

ETHICS - How many members are there in the RICS?

A

140,000

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15
Q

ETHICS - What are the three main roles of the RICS?

A

1) Highest standards of education
2) Protect customers through strict regulation.
3) Leading source of information is land property, construction and environmental issues.

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16
Q

ETHICS - What are the 5 benefits to being an RICS member?

A

1) Status - client confidence
2) Recognition
3) Market Advantage
4) Knowledge
5) Network

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17
Q

ETHICS - What information is required by the RICS for firm regulation?

A

1) Type of business and staffing details
2) Name of the responsible principal
3) Nature of business
4) Statutory Activities
5) Complaints handling procedure
6) Professional Indemnity Insurance
7) Weather the client holds money

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18
Q

ETHICS - When were the new rules of conduct published ?

A

Oct - 21

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19
Q

ETHICS - When were the new rules of conduct effective ?

A

Feb 22

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20
Q

ETHICS - What was the rationale for developing new rules ?

A

1) Simpler structure
2) Clearer examples
3) Focus on Diversity and inclusion
4) Understanding evolving technologies
5) Greater focus on tackling global challenges such as climate change.

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21
Q

ETHICS - What are the five ethical principles?

A

“1.Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS.
2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
3. Members and firms must provide good quality and diligent service
4. Members and firms must treat others with respect and encourage diversity and inclusion.
5. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.”

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22
Q

ETHICS - How many case studies accompany these rules?

A

12

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23
Q

ETHICS - What must regulated firms follow under ROC App A ?

A

“1. Publish a complaints handing procedure - including ADR and a complaints log.
2. Ensure current and previous work is covered by PII.
3. If sole practitioner, make arrangements in the event of death or inability to work.
4. Cooperate with the RICS
5. Promptly provide all information requested by the standards boards and regulations.
6. Display literature in accordance with RICS policy.
7. Report any matter that they are required to report under the rules for registration for firms.”

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24
Q

ETHICS - What must members follow under the ROC App A ?

A

1) Comply with CPD requirements set out by the RICS.
2) Cooperate with the RICS.
3) Promptly provide all information requested by the standards boards of regulations.

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25
Q

ETHICS - What is the purpose of the RICS decision tree?

A

1) To provide a framework to base decisions when surveyors are faced with situations that ask them to act unethically.
2) Asks surveyors to question the legality of their actions.
3) Ensures clear reasoning behind decision making

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26
Q

ETHICS - What are the two new categories of core material?

A

Professional standards and practice information

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27
Q

What do you do if you consider your directors advice to be incorrect?

A

“Consider:
The implications of the advice
Is it legal
Discuss with managers and collegues
Refer to the Ethics Decision Tree”

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28
Q

What is a three step process for Terms of Engagement ?

A

“1. Check if you are professionally competent
2. Check there are not conflict of interest
3. Confirm ToE in writing before you start work on the instruction.”

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29
Q

Why does a firm have Terms of Engagement ?

A

Creates a contract with the client and a clear definition of what is expected and on what terms.

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30
Q

What should be included within the Terms of Engagement?

A

“1. Proposed fee
2. Payment of expenses
3 Copy of the CHP to be available upon request.”

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31
Q

When would it be appropriate to decline an instruction ?

A

“1. If there is a conflict of interest.
2. If you are not professionally competent
3. If you do not have all the facts
4. If the proposed client will not sign the Terms of Engagement
5. If the Professional Indemnity Insurance Liability Cap cannot be agreed.
6. If the Client is on the UK sanctions list
7. If you would not make your decision public
8. If the advice is to a friend or on a probono basis.”

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32
Q

What should be considered when preparing a fee quotation ?

A

“Scope of services
Terms of Payment
Complaints handling procedure
Property details.”

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33
Q

What must you ensure during fee negotiations?

A

“1. Transparency
2. You are able to provide a high quality service. “

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34
Q

What should fees be based on ?

A

“Market based
agreed on an ad hoc bases.”

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35
Q

How must referral fees be delt with ?

A

“Referral fees must be agreed within the Terms of Engagement
Transparrency must be ensured - the client should be advised if you are in receipt or are offering a referral fee.
Granting or acception of a referral fee must be considered in the context of the bribery act 2010 and the ROC.”

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36
Q

What is a client brief ?

A

“A recorded document that animates the project. The brief explains the ins and outs of the project and the goals and targets. It may include:
Client objectives
Exclusions and limitations.”

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37
Q

What is it important to define the scope of works and client objectives at an early stage?

A

To ensure the clients understands my involvement and fees in relation to the works.

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38
Q

Name the types of conflict between 2 parties?

A

Financial conflict, commercial conflict, personal conflict, acting on both sides of a transaction.

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39
Q

What is conflict avoidance ?

A

When you do not accept an instruction because there is a conflict.

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40
Q

How do you undertake a conflict of interest check ?

A

We have a database which keeps a record of our existing clients to determin if there is potential for a conflict.

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41
Q

What is conflict management?

A

When the instruction is accepted but steps are taken to manage the instruction.

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42
Q

What is the guidance in respect to conflicts of interest?

A

Conflicts of interest 2023 (professional standard)

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43
Q

What are the three types of conflict?

A

“1. Party Conflict
2. Own interest conflict
3. Confidential information interest”

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44
Q

When can informed consent be given ?

A

“Can only be given in writing
Can only be given when the person explaining has been transparent about any material factors.”

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45
Q

When should survyeors seek informed consent?

A

when there is a conflict of interest and they are satisfied that all parties are best served by doing so

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46
Q

What is the three step process for when a conflict arises ?

A

“1. Conflict avoidance
2. Written informed consent
3. Conflict management “

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47
Q

Explain conflict avoidance when dealing with a conflict ?

A

“1. Request all the facts
2. Consider if your impartiality is impacted
3. Can it be managed by transparency and openess
4. Decide weather or not you want to accept or deny and instruction.”

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48
Q

Explain written advice when dealing with a conflict ?

A

“Set out in writing to both clients:
1. Disclose the nature of the conflict, relavent facts and how the firm intend to deal with the conflict.
2.Be as clear as possible and ensure that all parties are able to make their own decision.
3. Request written consent “

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49
Q

Explain ‘Conflict Management’ when dealing with a Conflict?

A

Upon receiving written consent to you declaration of a conflict and management proposals, set up an information barrier according to the proposals agreed between both parties.

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50
Q

What is an example of Conflict Management ?

A

Information/ ethical barrier

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51
Q

When do personal / own interest arise ?

A

“When acting for a family member, close business associate or someone whom you have a financial personal interest.
You must not let a personal interest interfere with your judgement.
Declare facts in writing before accepting an instruction
Have regard to Section 21 of the Estate Agency Act 1979 for agency work. “

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52
Q

What are the 4 requirements for CPD?

A

“A minimum of 20 hours and at least 10 hours must be formal.
All members must maintain a relavant understanding of the rules of conduct.
All members must record CPD using RCIS CDP management systems.”

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53
Q

What is formal CPD?

A

“Structured learning
Clear learning objectives and outcomes.”

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54
Q

What is informal CPD?

A

Self managed learning related to your professional role

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55
Q

What is your CPD strategy ?

A

My CPD plan is dictated by my skills and or knowledge gap considering future requirements and sectors etc.

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56
Q

Can you rely on someone elses due diligence ?

A

No it is your responsibility to ensure the checks are suitable and suffient.

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57
Q

Where do the RICS outline confidentiality and what do they state?

A

“RICS Bye-laws
Client confidentiality must be maintained for all client affairs.”

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58
Q

What information is included under confidentiality ?

A

Historic information and information provided by the client prior to instruction.

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59
Q

Are third parties allowed to access your client files?

A

You must have approval from the client first unless you are subject to a statutory duty overriding confidentiality rights such as to the police or HMRC.

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60
Q

How long are files kept for?

A

6 Years

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61
Q

As a survyeor, you receive an email not meant for you - what do you do ?

A

“1. Understand that you cannot use the information for your personal gain.
2. Notify both client and sender of the error.
3. Notify the complaints officer.
4. Dispose of the email securely.”

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62
Q

How do you know you are competent ?

A

“Having the knowledge and skills to undertake instruction. If you have dealt with that type of property and location and you have carried out that task before - you are deemed competent.
This can be defined as:
Skills
Knowledge
Attitude
Training
Experience “

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63
Q

What is the key legislation in regards to gifts and bribery ?

A

Bribery Act 2010

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64
Q

What do hospitality events seek to do ?

A

Promote and improve the image of a firm

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65
Q

What is the main aim of the Bribery Act 2010?

A

To reduce bribery in business in the UK and abroad.

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66
Q

What is a bribe ?

A

Giving, offering, promising or receiving of an advantage in return for a service or action which is illegal or a breach of trust.

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67
Q

What are the 6 principals of the Bribery Act 2010?

A

“1. Proportionality
2. Top level commitment
3. Risk assessment
4. Due Diligence
5. Communication
6. Monitoring and review”

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68
Q

What are the 4 offenses of the Bribery Act 2010?

A

“1. Bribing
2. Receiving a bribe
3. Bribing a foreign public official
4. Failing to prevent bribery”

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69
Q

Who polices the Bribery Act 2010?

A

Serious fraud office

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70
Q

What is the maximum penalty for breaching the bribery act 2010

A

10 years imprisonment or an unlimited fine.

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71
Q

Are companies responsible for their employees corrupt acts ?

A

Yes - unless they can prove that they have adequate procedures to combat Bribery.

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72
Q

Is hospitality prohibited under the Bribery Act 2010?

A

No - as long as it is accurately recorded on the gifts register.

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73
Q

What steps can a company take to prevent bribery?

A

“1. Identification of potential risks
2. Staff training
3. Provision of clear policies
4. Regular reviews.”

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74
Q

What is the government legislation of money laudering ?

A

Money Laundering and Terrorist Financing and Transfer of Funds Regulation 2017.

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75
Q

What is money laundering ?

A

When the proceeds of criminal activity are disguised or converted and then realised as legitimate assets.

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76
Q

When the proceeds of criminal activity are disguised or converted and then realised as legitimate assets.

A

Estate agency work and relavant business work and then realised as legitimate assets.

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77
Q

What are the provisions within the ML and TF Regulations?

A

“1. Requirement to have a money laundering and terrorist financing risk assessment.
2. Impliment systems, policies and controls to address ML and TF.
3. Adopt appropriate internal controls.
4. Provide Staff Training
5. Complying with requirements relating to PEPs.
6. AML checks - identifying purchasers source of funds
7. Additional high risk factors assessing the need for enhanced due diligence.”

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78
Q

What do you do for enhanced due diligence checks?

A

“1. Requires additional evidence and monitoring including
- detailed examination of their background and the purpose of the transaction.
- googling individuals to see if they come up in any negative media.
- check sanctions list
- find their source of wealth “

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79
Q

Why do PEPs present a higher risk ?

A

The nature of their position and the influcence they hold.

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80
Q

Other requirements of the regulations include ?

A

“1. A limit of 1000 euros for the acceptance of cash
2. The ongoing business relationship should be monitored
3. Detailed record keeping of procedures
4. A nominated Money Laundering Reporting Officers must report suspicious activity to the national crime agency.
5. A firm must maintain records for a minimum of 5 years.”

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81
Q

What are the penalties for not complying with the Money Laundering Regualtions ?

A

“Maximum of 14 years in prison/unlimited fine for money laundering
Maximum 5 years in prison/unlimited fine for tipping someone off or failing to reports suspicious activity.”

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82
Q

What money laundering checks are requied for a publically accountable body?

A

Government Ownership /Control

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83
Q

What checks are required for a private limited company?

A

“Certificate of Incorporation
Full name, registered number, registered office, name of all directors.
Identification of a high risk client.”

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84
Q

What money laundering checks are required for a private individual?

A

“Copy of a valid passport/driving licence
Copy of bank statement, credit card bill to show address (not more than 3 months old).”

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85
Q

What is constantly evolving in regards to money laundering ?

A

Law, Procedure and Guidance.

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86
Q

What money laundering directive has the UK appointed?

A

6th EU Anti-money laundering directive

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87
Q

If asked about the accpetance of cash, gifts you should consider?

A

“1. Bribery Act 2010.
2. RICS professional standard - Countering bribery and corruption, money-laundering and terrorist financing.
3. AY’s anti-bribery and corruption policy
4. Professional objectivity, openness and transparency
5. Proportionality
6. Tax implications
7. Sanctions
8. Employment contract detail.”

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88
Q

What is the RICS professional standard on Bribery, Corruption, Money Laundering and Terrorist Financing.

A

Countering Bribery and Corruption, Money Laundering and Terrorist Financing February 2019.

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89
Q

If asked about AML what should you consider?

A

“1. Money Laundering and Terrorist Financing and Transfer of Funds 2017.
2. RICS professional standard - countering bribery, money laundering and terrorist financing (February 2019)
3. Government Guidance for Estate Agents.
4. Due Diligence Procedures
5. Professional objectivity, openness and transparency.
6. Red Flags”

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90
Q

What are the red flags of money laundering?

A

“Where the money is coming from
If there’s large sums of cash but not at a regular flow
Client buys own materials and asks for a deduction.”

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91
Q

What is facilitation payment ?

A

Payment to facilitate or move a process along - this is considered as a bribe.

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92
Q

What are the 3 types of due diligence ?

A

“Simplified Due Diligence - Where you determine the business relationship is low risk.
Enhanced Due Diligence - for high risk customers and transaction with a greater threat to the financial sector.
New Customer Due Diligence - doing the checks to ensure youe client is who they say they are.”

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93
Q

When will you accept a payment facilitation ?

A

Never unless authoriastion from head office.

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94
Q

What year did Money Laundering Regulations come into force in the UK?

A

1994

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95
Q

Can you name the Money Laundering Red Flags?

A

“Cash only buyers
Unusual sale price (too high or too low)
Payments from multiple difference sources
Funds provided by unknown third parties.”

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96
Q

Give me some examples of how your firm might comply with Money Laundering Regulations ?

A

We report cash payments over 10K euros, carry out risk assessments to make sure that we take nescessary procedures when working with client from high risk countries and sectors.

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97
Q

If you were given a gift what would you do ?

A

Log it within the gift log. I may decline the gift taking into account the timing and proportionality and my firms gift handling policy.

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98
Q

If you were offered a bottle if wine at christmas?

A

Consider the proportion and circumstances of the gift, including the timings. In some cases this maybe include being aware of cultural differences.

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99
Q

When would accecpting or providing hospitality be acceptable ?

A

Once all works have been completed on a project and the final account has been agreed/paid and there is no conflicts of interest.

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100
Q

What is the difference between a bribe and a gift ?

A

A gift is a small gesture, a bribe is under the impression that some gain will result.

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101
Q

What does the proceeds of crime act 2022 provide ?

A

“Powers for enforcement authorities to recover money which is deemed to be proceeds of crime.
Creates a series of criminal offences intended to combat money laundering.”

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102
Q

What are the main areas under the act?

A

“Concealing Criminial Property
Arrangements
Acquisition use and possession.”

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103
Q

What is good Client Care ?

A

The concept of practicing behaviours which are appropriate to establish good client relationships.

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104
Q

What is a key principal of Client Care?

A

“Ensuring communication
Honest and authentic
Focus on the individual
Acknowledgement of a dispute or mistake.
Acting in accordance with the RICS
Collecting feedback “

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105
Q

Give some examples of good client care?

A

1) Listening to client objectives and requirements.
2) Listening to and gaining feedback.
3) Understanding client position and long-term goals.
4) Responding speedily to enquiries
5) Reporting back back frequently
6) Recording information on secure systems.

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106
Q

How do you establish client objectives?

A

1) Initial pre-start meetings
2) Agree objectives within the ToE
3) Gain clarity on objectives through frequent coresponsance.

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107
Q

How do you act upon feedback ?

A

1) Formally record it
2) Negative feedback should be clarified and nescessary action should be taken.
3) Formal negative feedback should follow CHP.

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108
Q

What should you clarify in regards to client objectives?

A

1) Timeframes
2) Cost to carry out works/budget
3) Strategy and objectives
4) Desired final outcome
5) Quality

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109
Q

What is a high standard of service in your opinion?

A

1) Understanding client objectives
2) Frequent clear communication
3) Follow RICS guidance when issuing advice.
4) Keep up-to-date with current affairs and how this may impact your clients position.

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110
Q

How do you assist a client with a decision?

A

1) Provide the client with all the options.
2) Run through the disadvantages and advantages of each option.
3) Make recommendations
4) Give client time to think through all the options.
5) Assist with queries

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111
Q

What is a client brief?

A

A recorded document that helps in guiding and animating a project. It explains the ins and outs of the project to the agent responsible for acheiving the goals and targets.

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112
Q

What needs to be considered when preparing a fee quotation?

A

Scope of service
Terms of Payment
CHP
Property details
Client
Limitations and exclusions

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113
Q

How do you collect client feedback?

A

“Project review meetings to check in on performance.
Survey monkey at the end of a job
Lessons learned at the end of a project “

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114
Q

How do you address negative feedback?

A

“Ask the client why they felt dissatisfied
View the situation from their point of view
Only apologise if at fault
Present options to put things right”

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115
Q

With regards to client expectations and standards of service what documents can you use to meet the level of service ?

A

ROC 2021

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116
Q

How does the type of client change how yoy manage a project ?

A

Each type of client will have a certain level of experience and expertise, this will directly affect the relationship you have with them and the level of work you will be expected to carry out on their behalf.

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117
Q

What is included within a fee proposal ?

A

Scope of services
your involvement
proposed fee
timescales
project team

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118
Q

Why did you interview the preferred bidder in your exeter example client care?

A

Look in the whites of their eyes
gain an understanding of their funding arrangements
provide the client with ability to ask questions.

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119
Q

Why would you issue a report in draft before issuing a final version?

A

Give the client the opportunity to read through and advice on any material changes or omissions.

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120
Q

What is the RICS document on Professional Indemnity Insurance?

A

RICS Professional Indemnity Insurance Requirements 2022

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121
Q

Explain how different forms of communication can be more suitable than others in various situations?

A

“A legal matter of anything that may be required to be referred in the future would benefit from a paper trail such as emails etc.
On the other hand a confrontational phone call may be a better option to protect and safeguard the surveyor.”

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122
Q

Explain some typical negotiation skills ?

A

“1. Agreeing your clients objective and forming a strategy before the start of negotiations.
2. Understanding the other parties position.
3. Creating a constructive environment for negotiations.
4. Maintaining communication always.
5. Recognising the achievement of your best position for agreement.”

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123
Q

Explain what contractual terms you have negotiated ?

A

“Timescales to Exchange Contracts.
To obtain vendors formal approval before submitting the planning application.
Timescales to achieve planning.
“

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124
Q

What are the types of negotiation?

A

“Competition (win-lose)
Collaboration (win-win)
Compromise (split the difference)
Accomodation (lose-win)
Avoidance (lose-lose)”

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125
Q

What are the stages of a disposal that might involve negotiations?

A

“Negotiating marketing budget
What documents to commission
Negotiating Heads of Terms “

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126
Q

Explain a situation when a visual presentation would be beneficial for your client?

A

When visually attempting to present the offerings of different development proposals including design and layout options.

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127
Q

What would you consider before delivering a technical presentation to a client or team ?

A

“I have the facts
I am able to answer questions
I have sought advice and support for the limitations in my knowledge.”

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128
Q

What makes a sucessful negotiator?

A

“1. Good memory
2. They are persuasive and quick-minded
3. They are able to gain the trust of the other party.
4. They are good at handling stress.
5. They are efficient at preparing information.
6. They have the ability to listen effectively
7. They have good intuition and are able to gauge the other party’s approach and opinion.
8. They are able to concede or to be flexible if nescessary.”

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129
Q

What is your opinion on email communiation ?

A

“They have the same legal value than a letter and contract can be inadeptly created by email.
We must therefore be careful on the context and form of email communication. There sometime tends to be a lax as they are precieved as informal.
Always communicate in a professional manner even if other parties don’t.
I also use my oral communication skills when dealing with day to day issues.
“

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130
Q

Whats a win-win situation ?

A

When the agreement reached cannot be improved further by discussions. Outcome cannot be improved fro your benefit and similarly the agreement for the other party cannot be improved further for their benefit either. There is no value left on the table and all creative options have been thoroughly explored and exploited.

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131
Q

What are the tools of a negotiator ?

A

“Position Power
Expertise or knowledge
Charisma
Having alternative solutions prepared
Using past events as a precedence.”

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132
Q

Swindon disposal Example - why was it necessary for bidders to set out conditions whilest being in competition?

A

In order to achieve competitive bids and bids that were the best for my client.

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133
Q

Why would you use a bid proforma?

A

Sets out the nescessary information required.
Easy to compare each bid.
Allows to analyse a net offer positions.

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134
Q

What is the latest latest RICS document on Health and Safety ?

A

RICS Professional Statement: Surveying Safely November 2018

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135
Q

What is the key legislation and guidenace surrounding Health and Safety ?

A

Health and Safety at Work Act 1974

136
Q

Who is the Health and Safety Act policed by ?

A

Health and Safety Executive

137
Q

What is the 6 stepped approach to risk assessments?

A

“1. Identify the Hazards
2. Identify the people at risk from the Hazards
3. Evaluate the risk (likelihood and severity).
4. Record findings.
5. Review risk assessment regularly
6 Advise all those affected by the outcome of the risk assessment and the precautions to minimise or eliminate the risk.”

138
Q

What does the RICS guide to surveying safely say about asbestos?

A

It is necessary to identify ACMs and to produce a management plan for preventing exposure to asbestos.

139
Q

What are the statutory obligations of a commerical/residential property owner?

A

“1. Asbestos management
2. Contamination
3. Fire safety
4. Health and Safety
6. EPC
7.Legionnaires
8. Waste management”

140
Q

What is your employers responsibility under the Health and Safety Act 1974?

A

“1. Duty so far that is reasonably practical to ensure health and safety and welfare at work for all employees.
2. Must report injuries and dangerous occurances (1995 regulations)
3. Must undertake, record and regularly review a risk assessment (1999 regulations)
4. Detailed H&S information is to be held on site usually in Operations and Maintainance Manual.”

141
Q

What Health and Safety procedures would you undertake if you were going to inspect a developmnt/construction site?

A

“1. Carry out re inspection due diligence.
2. Ensure appropriate PPE is taken.
3. Ensure that your mobile is charged.
4. Inform colleages of your inspection (ensure it is in your diary, who you are meeting and the location).
5. Sign in or out of the building or construction site and recieved a site induction. (if going alone need to follow lone working policy).”

142
Q

What are the penalties for breaching the H&S at Work Act?

A

Criminal Offense - fine or imprisonment

143
Q

What is a Hazard ?

A

Anything that has the potential to cause harm

144
Q

What is a risk ?

A

The probability/liklihood that someone will be harmed is called a risk

145
Q

What is a risk assessment?

A

“A process of identifying hazards and evaluating any associated risks within a workplace than implimenting reasonable measures to remove or reduce them.
A legal requirement for organisations employing more than 5 staff to carry out documented health and safety risk assessments of all their significant hazards.”

146
Q

What is a method statement?

A

“A document that details the way a work task or process is to be completed (prior approved)
Outline the hazards involved”

147
Q

Why is Public Liability Insurance relevant?

A

It proects businesses against claims for injury or damage made by third parties such as clients, customers and visitors.

148
Q

When is a written health and safety policy document required ?

A

Required for employers if they employ more than 5 employees.

149
Q

What must a written health and safety policy document include?

A

“1) A policy setting out the organisations commitment to health and safety.
2) Details of the organisations health and safety structure with roles and responsibilities.
3) A risk assessment setting out the risks within the workplace and the preventative measures in place.
4) Details of the planning, implimentation of the H&S policy control measures.”

150
Q

What does the Corporate Manslaughter and Corporate Homicide Act outline?

A

Relates to gross breaches of duty of care by a corporate body leading to a persons death.

151
Q

What is Surveying Safely about?

A

How to assess hazards and risk as well as the concept of managing the risk. It covers general activities associated with places of work, occupational health and safety, what to do when visiting jobs, fire safety, residential surveys and procurement of contractors.

152
Q

What is the safe working concept?

A

Each individual assumes individaul responsibility for themselves and that of others who may be affected by their acts or omissions.

153
Q

What is the structure of the RICS Professional Statement Surveying Safely ?

A

“1. Personal responsibilities for the RICS members and firms
2. Assessing hazards and risks
3. Workplace health and safety
4. Occupational hygiene and health
5. Visiting premises and sites
6. Fire safety
7. Residential property surveying
8. Procurement and management of contractors.”

154
Q

What 4 things must RICS regulated firms ensure they provide?

A

“1. A safe working environment
2. Safe work equiptment
3. Safe systems of work
4. Competent staff”

155
Q

What is the RICS concept of a safe person ?

A

An individual assumes individual behavioral responsibility for their own colleagues and other health and safety while at work.

156
Q

What is the six pack of H&S regulations?

A

“1. Management of H&S at work
2. Display screen equiptment
3. Manual Handling Operations
4. PPE at work
5. Provision and use of work equiptment
6. Workplace health and safety and welfare.”

157
Q

What is PPE ?

A

Personal Protective Equiptment

158
Q

What are the different levels of PPE?

A

Simple, Intermetaite and complex - All depends of the level of contruction required - Ranges from safety boots to a full body harness.
`

159
Q

What PPE might you normally take when visiting a building site ?

A

“Hi Vis
Steel toe cap boots
Hard Hat
Gloves
Mask
Harness
Hand sanitizer”

160
Q

What are the PPE Regulations 2022?

A

States that where risks cannot be controlled by other means, PPE should be correctly identified and used. Employers must provide appropriate PPE to their staffe and places a duty on employees to use PPE appropriately.

161
Q

What are the 5 steps for a risk assessment ?

A

“1. Identify the Hazards
2. Decide who might be harmed and how
3. Evaluate the risks and take action to prevent them
4. Record your findings
5. Review the risk assessment “

162
Q

Can you give me an exa,ple of a substance that is hazardous to health ?

A

Brick acid and dust

163
Q

What is legionnaires disease ?

A

Potentially fatal form of pneumonia caused by lehionella bacteria disperseased into the atmosphere

164
Q

What is an O &M File ?

A

Operation and Maintainance Manual is a file that contains all information required for the operation, maintainance, decommissioning and demolition of a building or structure.

165
Q

What is the Heirachy of Hazard Control ?

A

“Heirarchy of hazard control is a system used in industry to minimize or eliminate exposure to hazards.
Elimination
Substitution
Engineering Controls
Administrative Controls
PPE”

166
Q

What is AYs Lone Working policy ?

A

“1. Operational Line managers have a responsibility for ensuring that all Avison Young employees follow lone working procedures.
2. Lone workers must have an active buddy system before starting an activity
3. All lone workers must have appropriate lone working training.
4. Lone workers must have a charged phone and the number must be noted within the buddy system.
5. If a risk assessment shows that it is not possible for the work to be done safely by a lone worker then arrangements should be put in place to mitigate the risk or cancel the work.”

167
Q

Who was Suzie Lamplugh ?

A

British estate agent who disappeared on a viewing in 1986.

168
Q

What is a statement of profit and loss?

A

The profit and loss is a financial statement that summarizes the revenue, cost, and expenses incurred during a specified period. It indicates how the revenues are transformed into the net income or net profit.

169
Q

What is a profit and loss statement often referred to as?

A

Income statement

170
Q

What is a balance sheet ?

A

The term balance sheet refers to a financial statement that reports a company’s assets, liabilities and shareholder equity at a specific point in time, typically annually.

171
Q

What is a balance sheet also known as?

A

Statement of financial position

172
Q

What are liabilities ?

A

debts you owe to other parties like loans, credit card balances and taxes.

173
Q

What are assets?

A

Items of value a company owns

174
Q

What are debtors ?

A

People that owe you

175
Q

What are Creaditors?

A

People that you owe

176
Q

What is a cashflow statement ?

A

“The cash flow statement (CFS) measures how well the company generates cash to pay its debt obligations and fund its operating expenses.

177
Q

What is the difference between profit and loss and a balance sheet?

A

“The profit and loss account is a statement of income and expenses which shows the net profit and loss for a particular period
Balance sheet is the statement of assets liability and capital which shows the actual financial position of an entity at a certain point.”

178
Q

Are profit and loss accounts current ?

A

No they are retrospective

179
Q

What does a Dun and Bradstreet report show?

A

It compiles business information to measure the creditworthiness of a company. They are the business equivalent of a credit report check. It will colour code companies financial status from green, red, and orange/yellow to show their risk.

180
Q

What are the limitations of a Dun and Bradstreet Report?

A

It is limited only to the latest submitted documents on companies house.

181
Q

Where can you find infomation on a company’s financial status?

A

Companies House or filed accounts

182
Q

What do companies need to provide every year ro comply with the Companies Act?

A

As part of the companies Act 2006 a company has to return annual accounts.

183
Q

Why do companies keep accounts?

A

For regulatory purposes, to keep tract/record of outgoing and in goings and compare performances and to plan future growth.

184
Q

What is GAAP?

A

Generally Accepted Accounting Principals - regulates how company accounts should be prepared.

185
Q

What are the contents of the a set public limited company accounts?

A

“1. Chairman’s statement
2. Independent auditor’s report
3. Income statement (profit and loss)
4. Statement of financial position (balance sheet)
5. Corporate Governance report
6. Remuneration report (money paid for work or service).”

186
Q

What is the legislation relating to returning company accounts?

A

Company’s Act 2006

187
Q

When was the new GAAP effective from ?

A

01 Jan 2015

188
Q

What is a business plan?

A

“A document provided to lenders/investors which sets out the reasoning and evidence to obtain funding.
It highlights the reason for the business and provides an outline of the goals and objectives and how and why they are achievable.
The plan assesses the benefits and value of the business idea to investors.
States:
Main idea,
Objectives
Sales Report
Financial forecasting
Potential issues,
Goals
Dates to achieve.
“

189
Q

How do you fit into your companies business plan?

A

Part of the graduate scheme which seeks to grow the next generation of surveyors.
Structured program that prioritises learning and development.
The aim is to ensure graduates get qualified and grow the business.

190
Q

What are the main headings in a business plan?

A

“Exec summary
Company description
Markets the business will operate in.
A SWOT analysis of the business
Details of management team/personel.
The products or services offered.
Marketing
A financial plan.”

191
Q

What are the different types of business plans?

A

“Start up plan - how the business will operate long-term
Annual Growth Plan - Fiancial, marketing and operations
Scenario Plan - for companies in rapidly changing industry.”

192
Q

What is included within your organisations business plan?

A

“Sustained growth
Meeting market repirements “

193
Q

What are some of your businesses targets and objectives?

A

“1. The company has set a financial target
2. Set growth target
The financial target considers the growth target and has taken into account additional expenditure on resources.”

194
Q

What is a fee forecast ?

A

The method for assessing a businesses future financial position and keeping track of pential fees.

195
Q

What would you need to set up as a company?

A

“public liability.
buildings insurance.
employer liability cover.
directors and officers cover.
contents insurance.
business interruption insurance
register with companies house
suitable policies
register with RICS for regulation”

196
Q

What current challenges is Covid and/or Brexit bringing to Business Planning?

A

Brexit has caused a shortage of staff and materials. It has changed the prices of material and resources causing prices to increase. This has also caused issues with working from home, companies becoming insolvent and closing down.

197
Q

Why are budgets, cash flows and fincancial/audit controls important to business planning ?

A

They ensure the correct allocation of resources and expendature.

198
Q

How does AY incorporate sustainability into their business decisions?

A

“AY have just agreed a lease to move their London HQ to a retrofitted office and has been fitted out using recycled or sustainable materials.
They also offers a cycle to work scheme.”
`

199
Q

Why is the use of fee forecasting crucial for business planning ?

A

They help plan future business activities and ensure attainment of desired minimum profit margin.

200
Q

Why do conflicts arise ?

A

Because of failure to comply with a contractural obligation that may occur because of differing interpretations of the contract itself.

201
Q

What is a dispute ?

A

Where two or more parties disagree on something.

202
Q

What is dispute resolution ?

A

Actions to resolve contractural disagreements between two parties.

203
Q

How are disputes avoided ?

A

“1. Robust tender and contract documentation
2. Controlled change
3. Informed procurement strategies
4. Sensible risk allocation
5. Appropriate financing.
6. Pro-active project management.”

204
Q

Name conflict avoidance processes ?

A

“1. Good management
2. Clear contract documentation
3. Partnering and alliancing
4. Good Payment Practice
5. Record Keeping
6. Regular reporting and proactivity.”

205
Q

What is your for conflict avoidance style?

A

“I generally confront the issue as I feel that this is the quickest and least adversarial way to avoid conflict, by dealing with the facts.

I would be forcing when I believe the position is clear cut in order to protect the client.”

206
Q

What are Alternative Dispute Resolutions?

A

“ADR predominently meana alternative dispute resolution and refers to the process which are alternatives to the traditional binding dispute resolution procedures of litigation and arbitration. It is alternative in the sense that it provides a faster and more economic dispute resolution procedure.
“

207
Q

What are the three pillars of negotiation ?

A

“(NMA)
Negotiation - Problem solving between the parties.
Mediation/conciliation - Thid party intervention which is not binding.
Arbitration/adjudication - Third party intervention which is binding.”

208
Q

What are the types of dispute resolution ?

A

“Negotiation,
Mediation and Conciliation
Expert determination
Arbitration
Adjudication
Litigation”

209
Q

What is statutory adjudication ?

A

It is the right to adjudication that is granted to all parties of a construction contract under the Housing Grants Construction and Regeneration Act 1996.

210
Q

How do you avoid a conflict?

A

The best way is to keep communication constant so that all parties understand what is going on when there is a dispute, it can be effectively addressed in a fair way.

211
Q

What is Negotiation?

A

Dialogue to reach an agreement that satisfies both parties. The parties work between themselves to resolve the issue and to reach an agreement.

212
Q

What are the advantages of negotiation?

A

“Informal
Non-adversal - can help relationships
Private and usually quick
Usually inexpensive
Flexible - parties retain control”

213
Q

What are the disadvantages of negotiation?

A

“The compramise might not fully resolve the issue.
Some can disclose too much information.
Generally non-binding
Costs may not be recoverable. “

214
Q

How to you prepare for a negotiation?

A

“I familiarise myself with the negotiation and with what is being negotiated.
This will allow me to better understand my own argument, and pre-empt the oppositions argumenr and repsonses.”

215
Q

What is arbitration ?

A

“A Private contractural form of dispute resolution where a thrid party arbitrator or panel who is selected by the parties, forms a decision based on material facts, documents and principles of law. The decision is legally binding and has limited rights to appeal.
Legal costs are usually awarded to the successful party”

216
Q

What are the advantages of Arbitration?

A

“Governed by the Arbitration Act 1996
Private
Arbitrator is usually experienced in the field.
Consensual in that parties can decide timings etc.
Can call on witnesses.
Outcome can amend the contract.
“

217
Q

What are the disadvantages of Arbitration?

A

“Expensive
Can only be appealed on point of law/jurisdiction.”

218
Q

Who can be an Arbitrator?

A

An expert in their own right, who acts fairly and impartially to reach a decision.

219
Q

What is the Arbitration process?

A

“The appointed Arbitration body must be notified, and they will appoint an Arbitrator.
The main hearing will be held, whereby each side will present their version of the conflict along with their evidence.
The arbitrator will then base their decision on what they believe to be fair and just.
It is difficult to appeal an Arbitration - can only be appealed if it was believed the Arbitor was corrupt.”

220
Q

What types of Arbitration are there

A

“1. Ad hoc
2. Short hearing
3. Documents only “

221
Q

What is adjudication ?

A

“Contractural ADR. Provided by a 3rd party adjudicator selected by the parties in dispute. The adjudicator is either named in the contract or the parties agree to a nominating body. Adjudication is subject to a strict timeline and the decision is based purely on documentatary submission rather than investigating facts himself.
The decision is binding unless revised by an arbitration or litigation.
Can take 28 days.
“

222
Q

What are the advantages of adjudication?

A

“Private
Statutory right to all involved in a construction contract.
Adjudicator forms an impartial outcome based on the submission.
Decision within 28 days
Legally binding”

223
Q

What are the disadvantages of Adjudication ?

A

Adversarial

224
Q

Can you reject the adjudicators decision?

A

Yes that party can then proceed with litigation or arbitration.

225
Q

What is the Adjudication process?

A

“Notification of adjudication from one party to another
From receipt of notification, parties have up to 7 days to appoint an adjudicator.
Adjudicator will review parties cases and make their decision within 28 days.
Adjudicator has no power to award costs.”

226
Q

Who appoints an adjudicator ?

A

It is either specifically named in the contract particulars or nominated by the nominating body listed in the contract particulars.

227
Q

Is Adjudication binding?

A

“Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term ‘pay now argue later’).
There is no right of appeal and limited right to resist enforcement.
Generally, adjudicators do not have the power to award costs (other than their own fees and expenses).
Adjudication must adhere to strict timescales and typically takes up to 28 days.”

228
Q

Under JCT how long does an adjudicator have to make his award?

A

28 days from issue of the referral notice, but this can be extended to 42 if both parties agree.

229
Q

What are the two types of mediation ?

A

“Evaluative
* Facilitive”

230
Q

What is litigation?

A

The process of taking legal action

231
Q

What are the advantages of litigation ?

A

“Binding but can appeal
Can deal with several claims at once.”

232
Q

What are the disadvantages of litigation?

A

“Adversarial
Publically exposed
Expensive
No influence over choice of judge or hearing details.”

233
Q

Why would you go for litigation?

A

Litigation allows you to bring multiple disputes to the table to be heard and can bring unwilling parties in.

234
Q

What is the difference between arbitration and adjudication?

A

“Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case
The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel
The arbitrators decision, known as an award, is legally binding and can be enforced through the courts
Normally, there is no appeal, however there are exceptions in which appeals may be accepted
In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute
Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term ‘pay now argue later’)
There is no right of appeal and limited right to resist enforcement
Generally, adjudicators do not have the power to award costs (other than their own fees and expenses)
Adjudication must adhere to strict timescales and typically takes up to 28 days”

235
Q

Why Might you choose Litigation over Arbitration?

A

“Multiple but separate disputes can be heard under the same case.
On a statutory basis, can bring unwilling parties into litigation”

236
Q

How do you appoint a Adjudicator?

A

Though the nominating body - RICS as per the contract

237
Q

What are the timeframes for adjudication?

A

28 days to complete this can be extended to 42 days with agreement from both parties.

238
Q

What method of ADR is specified in the contracts you use and what are the benefits of this method?

A

Initially negotiations with the nominated parties in the contract, this can be escalated to arbitration.

239
Q

Why might you want to keep disputes out of the courts ?

A

For costs and reputational damage

240
Q

What is the difference between Mediation and Conciliation?

A

“Mediation is a voluntary procedure, which involves the appointment of a third party mediator, who will help to facilitate negotiations between parties. Them aim of mediation is to help the parties reach an amicable agreement.
Conciliation is also a voluntary procedure, which involves the appointment of a third party Conciliator. The role of the conciliator is to also facilitate negations, however the Conciliator will create a settlement proposal.”

241
Q

What is the RICS dispute resolution service ?

A

The worlds oldest and largest provider of ADR services for Land, Property and Construction Industries.

242
Q

What is included within the RICS Conflict Avoidance and Dispute Resolution Guidance Note?

A

“Conflict Avoidance Process
Three pillars of dispute resolution
Dispute resolution techniques
ADR
Standard form contracts
Conflict Avoidance
Dispute Resolution Procedures
Dispute Escalation Clauses
Interim Valuations and Claims”

243
Q

What is Expert determination ?

A

The parties agree by a contract that a third party will make a binding decsion on them. In most cases, the decision is final and un-appealable.

244
Q

What criteria do RICS require of an ADR / Ombudsman?

A

“The ADR mechanism must be well established
The ADR mechanism must be independent of the firm or valuer
The ADR mechanism must use a transparent, accountable and consistent decision-making process”

245
Q

What is an expert witness?

A

Someone with specialist skills, knowledge, or experience who testifies in court about what s/he believes has happened in a certain case based on those specialist skills, knowledge or experience.

246
Q

Who do they have a duty to ? (Expert Witness)

A

The courts

247
Q

What is the responsibility of an expert witness ?

A

To provide independent, impartial, and unbiased evidence to the court or tribunal.

248
Q

Can you name some of the RICS approved ADR / Ombudsman bodies? Where would you find this information?

A

“Centre for Effective Dispute Resolution
The Property Ombudsman
The Property Redress Scheme
Finacial Ombudsman Service “

249
Q

What is the conflict avoidance pledge CAP?

A

The conflict avoidance pledge (CAP) has been developed by a coalition of professional and industry bodies, and demonstrates commitment to conflict avoidance and the use of amicable resolution procedures to deal with emerging disputes at an early stage.

250
Q

What statute does Arbitration sit under?

A

The Arbitration Act 1996

251
Q

Who set up the property ombudsman?

A

The scheme was underpinned by statue in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents.

252
Q

What does without prejudice mean?

A

That it cannot be used as evidence in court proceeding or criminal proceedings.

253
Q

What is the meaning of disclosure?

A

Relating to a mechanism allowing a party in arbitration to see a file of the other party.

254
Q

Which body is responsible for enforcing GDPR?

A

Information Commisioners Office (ICO)

255
Q

What does the Freedom of Information Act enable ?

A

Public right of access to information held by public authorities.

256
Q

How do you ensure that date kept on your clients is kept secure and confidential?

A

“Limit access to sensitive data
use smart passwords
to residents details Firewalls
and antivirus protection
dedicated server stay on top of security updates”

257
Q

How long do you keep company data ?

A

“It is a requirement of our PII insurance that all contracts under deed are kept for 12 months and under hand for 6 years.
I am aware of the limiations act to claims which can be brought about up to 15 years after the act of negligence. “

258
Q

Can you expand on what BCIS is ?

A

Build Cost Information Service, a database that provides construction cost data.

259
Q

What are the benefits of using external data sources such as BCIS?

A

“Industry wide data
standardisation
data management.”

260
Q

What are the limitations of BCIS?

A

It’s data collated from historic projects and therefore the information is old, especially in volatile economic climates. The tender price index can be used to adjust costs accordingly, but even quarterly updates are not quick enough to keep up with inflation and cost rises at present.

261
Q

What does GDPR stand for?

A

General Data Protection Regulation

262
Q

When did GDPR come into effect?

A

New rules relating to how we collect and process personal data - EU GDPR rules came into effect in May 2018.

263
Q

What happens if you do not meet requirements Data Protection Act ?

A
  • £17.5 million or 4% of the total annual worldwide turnover in the preceding financial year, whichever is higher
264
Q

What legislation covers data protection in the UK?

A

Data Protection Act 2018 and UK GDPR

265
Q

What are the 7 principles of GDPR?

A

“1. Lawfulness, Fairness and Transparency
2. Purpose Limitation
3. Data minimisation
4. Accuracy
5. Storage Limitation
6. Integrity and confidentiality
7. Accountability
“

266
Q

What should you do if there is a data breach ?

A

Inform the Information Commissioners Office no later than 72 hours after becoming aware of it.

267
Q

What are the GDPR rights ?

A

“right to be informed
rights of access
right to rectification
right to erase
right to restrict processing
right to data portability
right to object
rights in relation to automated decision making and profiling.”

268
Q

What is the Data Protection Act 2018?

A

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government

269
Q

Why do the General Data Protection Regulations 2018 exist?

A

To control how your personal information is used by organisations, businesses or the government

270
Q

What type of breaches are there under the GDPR?

A

“Disclosure
Destruction
Alteration”

271
Q

Give me examples of data you manage ?

A

“Client Details
Finances
Contact details
Project details
Complaints.”

272
Q

What is personal data ?

A

“Personal data only includes information relating to natural persons who:
Can be identified or are identifiable directly from the information in question.
Who can be indirectly identified from the information in combination with other information.
Personal data may also include special catagories of personal data or criminal conviction and offence data.”

273
Q

What is the process if there is a data breach ?

A

“If there is a breach an organisation must:
1. Report the breach to the International Commissioners Office within 72 hours of being aware of the breach.
2. If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, you must also inform those individuals without undue delay.
3. You must also keep a record of any personal data breaches, regardless of whether you are required to notify.”

274
Q

Why is it important that we safeguard information?

A

As personal data can be used in various ways

275
Q

How do you ensure the data that you hold on your clients is kept secure and confidential?

A

”* We use an only system to carry out checks
* Operate a clear desk policy
* Shredding of details etc
* Two factor authentication of IT systems”

276
Q

How long do you keep client’s data and how do you ensure it is deleted when necessary?

A

“Dependent on the type of data and the contract
* Under hand - 6 years
* Under deed - 12 years
* Limitations act – 15 years”

277
Q

How does diversity strengthen teamworking?

A

Diversity creates multiple different perspectives when people have different backgrounds, cultures and experiences. This means they are more likely to solve problems and be innovative.

278
Q

What is AY’s equal opportunities policy?

A

Allows all people at Avison you to have equal opportunities when hires or when developing their career.

279
Q

What is the Bristol Property Inclusion Charter?

A

It is the first property inclusion charter in the UK. The charter is intended to be a vehicle to promote and dive diversity and inclusion in the Bristol property industry/sector.

280
Q

What is unconcious bias ?

A

Predjudice or unsupported judgement in favour of or against one thing, group or person that is usually considered unfair.

281
Q

What is the Equality Act 2010?

A

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaces previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations.

282
Q

What are the 9 protected charateristics?

A

“1. Age
2. Disability
3. Gender reassignment
4. Marriage or Civil Partnership
5. Pregnancy or Maternatity
6. Race
7. Religion or belief
8. Sex
9. Sexual Orientation”

283
Q

What did the Equality Act 2010 incorporate?

A

“Brings together over 116 separate piece of legislation such as:
The Equal Pay Act 1970
Sex Discrimination Act 1975
Race Relations Act 1976
DDA 1995
Employment Equality Regulation 2003.”

284
Q

What makes successful teamwork?

A

Clear communication and a clear understanding of shared goals.

285
Q

What is diversity ?

A

The practice or quality of including or involving people from a range of difference social and ethnic backgrounds and of different genders, sexual orientations etc.

286
Q

What is inclusion?

A

The practice or policy of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalised.

287
Q

Explain how the Equality Act protects people ?

A

The Equality Act 2010 is a law which protects you from discrimination. It means that discrimination or unfair treatment on the basis of certain personal characteristics such as age is now against the law in almost all cases.

288
Q

How do you tackly unconcious bias in the workplace?

A

“1. Set goals for diversity, equality and inclusion
2. Raise awarness about unconscious bais in the workplace
3. Peer review
Encourage team members to speak up about biases.”

289
Q

What is the RICS addressing Diversity and Inclusion?

A

“The real estate industry has traditionally suffered from a lack of diversity.
Part of the Biachard review
There is a recognised benefit to diversity within the industry.”

290
Q

Who is the RICS chair on Diverstiy, Equity and Inclusion?

A

Louise Brooke-Smith

291
Q

What are the negative effects of unconcious bias?

A

“Can create unfair disadvantages
Prevents diversity and culture
Can lead to poor performance
Lesser employee well-being”

292
Q

What are the two main types of Bias?

A

“Conscious bias

Unconscious bias
Are some unconscious biases that have a direct impact on the workplace:
Affinity bias—The tendency to warm up to people like ourselves
Halo effect—The tendency to think everything about a person is good because you like that person.
-Perception bias—The tendency to form stereotypes and assumptions about particular groups that make it impossible to make independent judgments about members of these groups.
Confirmation bias—The tendency of people to
seek information that confirms existing beliefs or assumptions”

293
Q

Further ROC guidence is provided in what areas?

A

“1. Inclusive Culture
2. Everyday life at work
3. Inclusive recruitment
4. Career progression and development
5. Inclusive policies and procedures
6. Inclusion spaces.”

294
Q

What is the definition of an inclusive environment ?

A

An inclusive environment recognises and accomodates differences in the way people use the built and natural environment. It facilitates dignified, equal and intuative use by everyone.

295
Q

What is the Equality Act 2010?

A

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations.

296
Q

What is part M of the Building Regulations?

A

Part M sets out minimum requirements to ensure that a broad range of people are able to access and use facilities within buildings

297
Q

What requirements are there for ramps under Part M Access to and Use of Buildings?

A

“Maximum gradient (dependent on flight, gradient and rise)
Surface width is at least 1.5m
Ramp surface is slip resistant”

298
Q

What are the 5 principles of Inclusive Design?

A

“1. People first.
2. Acknowledges Diversity and Difference
3. Choice - inclusive design offers choice
4. Flexibility
5. Positive experience”

299
Q

What is conscious bias?

A

“Conscious Bias: Biased attitudes about a group we are aware of; can be (in)visible; can be accessed.
Unconscious Bias: Biased attitude operating outside your awareness and control, are difficult to access or be aware of, & influence your action more than conscious biases.”

300
Q

What is an unconscious bias?

A

Unconscious biases are learned stereotypes that are automatic, unintentional, deeply ingrained, universal, and able to influence behaviour.

301
Q

What should inclusive environments facilitate?

A

“Welcoming to everyone
* Responsive to people’s needs
* Intuitive to use
* Flexible
* Offer choice when a single design solution cannot meet all user needs
* Convenient so they can be used without undue effort or special separation and so that they maximise independence”

302
Q

What is Neurodiversity?

A

Neurodiversity, or ND, refers to variation in the human brain regarding sociability, learning, attention, mood and other mental functions in a non-pathological sense.

303
Q

What are the four types of illegal discrimination under the Equality Act 2010?

A

“Direct disriminiation
Indirect discrimination
Harassment
Victimization”

304
Q

Who is obligated under the Equality Act 2010?

A

All controllers of let premises

305
Q

What are the challenges of net Zero?

A

“More than 90% of the country’s current energy provision comes from gas, coal, oil diesel and petrol,
It is not meant to exist in 27 years time.
Although steps are heading in the right direction for decarbonisation, an overhaul of every aspect of lift is required”

306
Q

Explain the MEES regulations to me ?

A

Minimum Energy Efficiency Standards

307
Q

Which properties are MEES exempt?

A

Building not required to have EPC such as industrial sites, non residential agricultural buildings, certain listed buildings, holiday lets etc.

308
Q

Why is sustainability important?

A

“An ecosystem, a lifestyle or community that is sustainable is one which supports itself and its surroundings. Sustainability itself can be defined by 3 core elements, each of which must be carefully considered in relation to others:
Environmental Protection
Social Development
Economic Development”

309
Q

What is sustainability ?

A

“Meeting the needs of the present without comprimising the ability of future generations to meet their own needs - The Brundtland Commission 1987.
I.e providing energy for ourselves without making the situation worse.”

310
Q

What are the 3 pillars of sustainability?

A

“Social - Social sustainability is the ability of society to persistently achieve good social well-being.
Environmental - Environmental sustainability means we are living with the means of our natural resources. Consumption of natural reseources material, fuels, land, water at a sustainable rate.
Economic sustainability requires that a buisiness or country uses it resources efficiently and responsibility so that it can operate in a sustainable manner to consistenly produce an operational profit.
Economic - Economic sustainability requires that a business or country uses its resrouces efficiently and responsibly so that it can operate in a sustainable manner to consistently produce an operational profit.”

311
Q

Name some sustainability legislation?

A

MEES, Climate Change Act etc.

312
Q

What is the Paris Agreement ?

A

191 countries joined to meet with the aim to strengthn the global response to the threat of climate change by keeping global temperature rise below 2 degrees above pre-indsutrial levels and event try to keep them below 1.5 degrees. Also to use 20% renewable energy by 2050.

313
Q

What approved docs cover sustainability?

A

“Part L of the building regulations - Conservation of fuel and power. Part L aims to achieve net zero carbon buildings or as close to it as possible giving practical guidance on ways of complying with energy efficient requriements.
Overheating
EV charging”

314
Q

What are the 7 element of a sustainable building?

A

“Insulation
Airtightness
Thermal Mass
Natual light
Sustainable material
Structural Systems
Deployment of renewable technologies.”

315
Q

What is embodied carbon?

A

Considering the carbon that will be used to manufacture a product eg. Sourcing the materials, manufacture, delivery, disposal.

316
Q

What is the Climate Change Act 2008?

A

Sets out emission reduction targets within the Uk. It commits the UK to reducing greenhouse gasses by 80 by 2050 but this was updated in 2019 to be net zerio by 2050.

317
Q

What target in the Climate Act Act was subsequently introduced?

A

A further interim target was introduced to reduce emissions be 78% by 2030 compared to 1991 levels.

318
Q

What has the government done to achieve net zero?

A

“Introducing a 10 point plan for a green industrial revolution which includes items like;
Offshore wind,
greener buildings
green finance
investment in carbon capture storage”

319
Q

What has the property industry done to achieve net zero?

A

“The greenbuilding council has set a framework to address this issue:
1. Establishing a Net Zero Carbon Scope for the whole lifecycle of a building
2. Reduce construction impacts by changing to more sustainable building materials and sustainable designs.
3. Reduce operational energy use.
4. Increase renewable energy supply
5. Offset any remaining carbon “

320
Q

What is net zero carbon?

A

“This is where greenhouse gas emissions are balanced by their removal from the atmosphere.
“

321
Q

What is your firms sustainability policy ?

A

“Reducing the use of printed materials where possible,
Car sharing,
Cycle to work schemes,
Use of public transport where possible,
Use of technology,
Recycling.”

322
Q

Explain biodiversity net gain?

A

“BNG is a way of creating and improving natural habitates to deliver measurable positive impact.
It is a policy reponse to significant decline in biodiversity in recent decades.
It works by requiring new developments to provide at least 10% BNG secured for at least 30 years either through onsite or offsite measures”

323
Q

What was this effective ?
BNG

A

“12th February 2024 for major developments (10 + dwellings/ 0.5ha <)
2nd April 2024 for small sites (<10 dwellings / <1000sqm/<1ha)”

324
Q

Who holds developers compliance with BNG accountable ?

A

Local Authorities.

325
Q

What are part L of building regulations?

A

Part L Building Regulations are a set of guidelines that establish minimum standards for the energy efficiency of new and existing buildings in the UK.The regulations aim to reduce the carbon footprint of buildings, promote the use of renewable energy, and make the construction industry more sustainable

326
Q

When do they come into effect?
Part L

A

June 15 2022

327
Q

What do they require for compliance ?
Part L

A

Building regulations england part L compliance report signed by the SAP assessor and developer along with photographic evidence.

328
Q

What are FHS?

A

“Future Homes Standards are the next generation of Part L building regs.
They are a new energy efficiency and low cardom heating standard for new homes in England.
Aim to future proof homes and reduce their reliance on fossil fuels.”

329
Q

What will FHS do ?

A

“1. reduce carbon emissions (70%-80% fewer carbon emissions).
2. Use low carbon energy sources
3. Improve energy efficiency
4. Make homes airtight and breathable.
5. Introduce FHS in 2025.”

330
Q

What is Real estate Balance ?

A

A membership organization that works to improve diversity, equity and inclusion in the Real Estate Industry.

331
Q

What are MEES ?

A

Minimum Energy Efficiency Standards and they aim to improve the efficiency of privately rented properties. They came into force on 1st April 2018.

332
Q

What are minimum standards?

A

“Requires all properties to have an Energy Performance Certificate rating of at least E.
Government intends to raise the minimum EPC rating to C by 2030.”

333
Q

What are the MEES exemptions?

A

One is that if energy efficient improvements would devalue the property by over 5%.

334
Q

What are the penalties for non-compliance?

A

Maximum £5000

335
Q

What are the 5 key themes from the 2022 RICS sustainability report?

A

“1. There is a lot of discussion and no meaningful action.
2. It is a matter of cost.
3. We need a change in process
4. Bring renovation of the existing building stock into focus.
5. Policy and the right incentives are important.”

336
Q
A

RICS APC - EVIE (20 decks)

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