Valuation - L3 Flashcards

1
Q

Define Market Value

A

The amount for which an asset or a liability should exchange for on the valuation date, within an arm’s length transaction, following proper marketing between a willing buyer and a willing seller and where the parties act knowledgeably, prudently and without compulsion.

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2
Q

Define MV in terms of taxation, and explain the practicalities of that difference.

A

The price which the property might reasonably be expected to fetch if sold in the open market at that time, but that price must not be assumed to be reduced on the grounds that the whole property is to be placed on the market as one and the same time.
Practically, the following may apply-
Prudent lotting (if it would be practical to lot, to maximise income)
Market flooding is to be ignored (lots of one asset marketed at the same time)
Take into account any special purchasers.

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3
Q

In what circumstances do you not have to comply with the RICS Redbook?

A

Brokerage and Agency
Internal Purposes only
Expert witness
Court proceedings
When performing statutory functions

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4
Q

What are the five methods of valuation?

A

Comparable, Investment, Profits, Residual and Depreciated Replacement Cost.

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5
Q

Explain what the Residual method is and when you would use it?

A

This method is usually used to value development land.
1.) Establish Gross Development Value (value of completed development)
2.) Deduct costs (construction, planning, professional fees etc)
3.) Deduct developer profit (usually 20%)
4.) Take into account interest over construction period (PV of time to complete project @ yield)
5.) = what someone will pay for that land as is

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6
Q

Explain what the Depreciated Replacement Cost is and when you would use it?

A

DRC is used where there is a specialist building and no market (hospital or church for example).
1.) Establish the cost of constructing a contemporary version, then plus 10% for professional fees and the base value of the land.
2.) Deduct the obsolescence (physical, functional and economic obsolescence)
3.) Quantify that obsolescence (takes an experienced valuer, very subjective)

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7
Q

Explain how you would carry out the profits method and when you would use it?

A

The profits method is used where the rent or market value of a property is derived from the income it can generate.
1.) Establish fair maintainable operating profit, capable of being generated by a reasonable operator.
2.) Establish the fair maintainable turnover
3.) Deduct turnover from profit. 50% of this figure should be what the MR is.
4.) MR x VP for the term @ % yield.

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8
Q

Explain how you completed the valuation of the hotel lease.

A

I used the investment method (term and reversion).
1.) Established reversion using comparable evidence, then applied PV in 88 years time at a 8% yield to reflect not obtaining VP for that time.
2.) Split the term into the know rent reviews.
First 13 years @ £250 = PV @ 8% for 13 years (x£250)
Second 25 years @£500 = PV @8% for 25 years (x£500), but then PV @ 8% in 13 years to reflect not receiving that income for another 13 years.
Repeat then add term and reversion together.

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9
Q

Explain how you carry out the comparable method?

A

Collate similar property transactions (location, character, size) that have completed recently. Sort and analyse them based on the above. Apply the values to establish an opinion of value.
Hierarchy of evidence -
Category A = Direct transactions
Category B = General Market Data
Category C = Other sources
RICS Professional Standard - Comparable evidence in real Estate Valuation (October 2019)

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10
Q

What are the physical and non-physical factors that affect value?

A

Physical =
Location
Character
Condition
Size
Construction
Access

Non-physical =
Planning (policy and permissions)
Designations (NP etc)
Lease terms
Ownership shares
Restrictive covenants
Overage

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11
Q

What is VPS1?

A

Is a mandatory Valuation technical and performance standard that relates to what should be included within terms of engagement.
1 - Identification and status of valuer
2 - Identification of the client
3 - Identification of other users
4 - Identification of the asset or liability being valued
5 - Valuation currency
6 - Purpose of valuation
7 - Basis of value adopted
8 - Valuation date
9 - Nature and extent of the works
10 - Nature and sources of information upon which the valuer is to rely on
11 - All assumptions and special assumptions to be made
12 - Format of the report
13 - Restrictions to use, distribution and publication
14 - Confirmation of accordance with IVS
15 - Basis on which the fee will be calculated
16 - Complaints handling procedure
17 - Potential for RICS monitoring
18 - Limitations to liability

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12
Q

Why is PII important?

A

Protect clients from any financial loss that the firm cannot meet.
Protect the firm from losses they cannot meet.
Should be acquired through the RICS as the broker, be on an each and every basis and cover is dependant on turnover.
£100k or less = £250,000 of cover
£100k - £200k = £500,000 of cover
over £200k = £1,000,000 of cover
My firm has £10,000,000 due to extent of work and valuations we do.

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13
Q

How did the AOC affect value?

A

An agricultural occupancy condition is a planning condition restricting a property to only be occupied by someone working in agriculture.
This limits the amount of people who are eligible significantly, and limits mortgage providers.
Comparable evidence suggests a discount of between 20-30%, in this case we applied 25% as the house was adjacent to the farm, therefore someone purchasing the whole was likely to be able to comply with the AOC.

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14
Q

Talk me through how you valued the easement consideration.

A

Established existing value of the property (comparable method), then tried to establish uplift relating to improved access but this was very difficult to quantify so used 5% based on comparable easement valuations. £45,000
Deducted cost of establishing access and associated fees (planning) £15,000
Applied Stoves vs Cambridge (one third). £10,000

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15
Q

Explain the Stokes v Cambridge case.

A

Stokes vs Cambridge 1961
A case whereby releasing the access rights on the ransom strip unlocked development value on other land. But, it also unlocked development opportunity of land owned by Cambridge who also owned the ransom land, therefore this encouraged them to take a lower consideration of one third of the uplift.
Courts noted that if the ransom owner has no interest in the access being granted, up to 50% of the uplift can be demanded.

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16
Q

What is a Charities Act valuation?

A

The Charities Act 2011 (as amended in 2022), states that a charity must seek the guidance of a Chartered Surveyor (Registered Valuer) prior to disposing property or interest in property (lease over 7 years). The Valuation Report is for the Charitable Trust, not the beneficiaries to the charity.

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17
Q

What should be included within a Charities Act valuation?

A

Comply with Redbook and then go onto advise on sale methods, any repairs that need doing, lease terms etc

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18
Q

What is adverse possession?

A

Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent. 10 years for registered land and 12 years for unregistered land.

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19
Q

How does someone claim adverse possession?

A

Applicants submit a form ADV1 with a plan and statutory declaration (including evidence) to the Land Registry. If they deem that the applicant has met the requirements, the registered proprietor is notified. They can then serve counter-notice, which immediately rejects the application unless certain circumstances are met.

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20
Q

How did you account for the risk of adverse possession within your valuation?

A

I didn’t account specifically for this as I noted that it was beyond my competence to advise specifically on this, but as it was a charities act report, I had to raise it and made the client aware that this may limit saleability. Recommended that Auction may be best as this would avoid solicitors searches etc.

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21
Q

The woodland was also SSSI and Open access land, how did this affect value?

A

Open access = right to roam, cannot enclose and development is very restricted
SSSI = management restrictions / requirements, development restricted
Comps show 50% deduction on MV due to the above.

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22
Q

What are tenants in common?

A

A situation in which 2 or more people hold interest in a property and each owner has the right to leave their share of the property to a beneficiary upon their death. Shares can be different percentages.

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23
Q

How does Tenants in common affect value?

A

Restricts use and in this case, the clients share was the minority share.
Section 18 of the IHT manual addresses minority shares and states that deductions should rarely exceed 20%. I applied 15% for split ownership, then an additional 5% for the minority share and that the majority shareholder was the occupier.

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24
Q

What case law did you refer to when valuing the minority share?

A

1997 Lands Tribunal decision in the case of Charkham v CIR

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25
Q

How did you reach the 10% deduction for the FBT land?

A

Comparable evidence suggested that deduction due to the restriction on immediate freedom of use.

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26
Q

Were there any other methods you could have used to value the land subject to the FBT?

A

I could have used the investment (term and reversion) method.
Could have done the term of existing rent, then market rent if there was a review date.
Didn’t use this method as it was an outdated, periodic tenancy therefore it would be expected that any purchaser would serve notice on the existing tenant.

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27
Q

Did you state anything within your Market Appraisal of the land at Sedgewick Lane limiting it’s use?

A

Yes i stated that the MA did not intend on compliance with the RICS redbook and was for internal purposes only. I also ensured this was all stated within the terms of engagement.

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28
Q

What affect does an FRI lease have on rent, and subsequently value?

A

FRI = Fully repairing and insuring, so more onerous for the tenant. More outgoings so rent is lower.
If rent is lower, not as valuable to the landlord in terms of rental income, therefore lower market value.

29
Q

Why is the definition for market value different for taxation purposes?

A

HMRC want an accurate figure of what that transfer could be worth, considering any special purchaser or prudent lotting to maximise value, to ensure sufficient tax is charged on that transfer.
Valuations for things like secured lending need to know the value of that property, if they need to put it on the market asap, as a whole, without any special marketing / lotting.

30
Q

What is the purpose of the Redbook?

A

Promotes and supports high standards of valuation and details mandatory practices for all RICS members, promoting consistency and trust in the profession. Work undertaken in accordance with the Redbook is done to the highest of standards. It is also a useful resource for clients.

31
Q

Why is the UK National Supplement needed?

A

It addresses the application of the Redbook in the UK jurisdiction and assist in interpretation in relation to UK practice.

32
Q

How are amendments made to Professional Statements?

A

Exposure draft is published on the RICS website for members and other to comment on.
Review of those comments.
RICS Standards and regulatory board approve a final version and publish the amendment.

33
Q

What is equitable value and when would it be applicable?

A

The estimated price for the transfer of an asset or liability between identified, knowledgeable and willing parties that reflects the prospective interests of those parties.
Used this when valuing the consideration amount for the easement.

34
Q

Define assumption

A
35
Q

Define special assumption

A
36
Q

What is the difference between an assumption and a special assumption?

A
37
Q

What is a special purchaser?

A

A particular buyer from whom a particular asset has a special value because of advantages arising from its ownership that would not be available to other buyers in a market.

38
Q

What does PS stand for?

A

Professional Standard.

39
Q

What are the 2 PS’s?

A

PS1 = Compliance with the Redbook (IVS, IES, IPMS and exceptions to compliance)
PS2 = Ethics, competency, objectivity and disclosures (valuers must be registered and have the relevant experience, qualification and skill to undertake the work, must be objective and independent, adhere to conflict of interest requirements, rules about draft reports, rotation policy, terms of engagement and responsibility)

40
Q

Can you expand on the requirements of VPS 2?

A

VPS2 = Inspections, investigations and records
Sufficient inspection must be carried out to produce a professionally adequate valuation.
Measurement should be done in relation to IPMS.
Revaluation without inspection is allowed if no material change.
Proper records and audit trails should be kept in relation to the valuation process. Period of retention depends on purpose of valuation but RICS recommends 15 years.

41
Q

What are the VPS’s?

A

VPS1 - Terms of Engagement
VPS2 - Inspections, investigations and records
VPS3 - Valuation reports
VPS 4 - Basis of value, assumptions and special assumptions
VPS 5 - Valuation approaches and methods

42
Q

What is IPMS and how does it relate to valuation?

A
43
Q

Can you expand on the requirements of VPS3?

A

VPS3 = Valuation reports
Identification and status of valuer
Identification of the client and intended users
Purpose of valuation
Identification of the asset or liability being valued
Basis of value adopted
Valuation date
Extent of investigation
Nature and sources of information
Assumptions and special assumptions
Restrictions to use, distribution and publication
Confirmation n that the valuation has been completed in accordance with IVS
Valuation approach and reasoning
Value
Date of report
Commentary of any material uncertainty in relation to the valuation where it is essential to ensure clarity
Limitations to liability

44
Q

Can you expand on the requirements of VPS4?

A

VPS4 = Basis of Value, assumptions and special assumptions
Basis of value are market value, market rent, investment value, equitable value, synergistic value and liquidation value.
Assumptions must be reasonable and relevant having regard to the purpose of the valuation and are often linked to limitations of the inspection.
Special assumptions must only be made if they are realistic, relevant and valid for the valuation.

45
Q

Can you expand on the requirements of VPS5?

A

VPS5 = Valuation approaches and methods
Valuers are responsible for adopting the relevant approach and method and to justify that.

46
Q

What are the Valuation Approaches and Methods?

A

IVS 105 =
Income approach (investment, residual and profits)
Cost approach (DRC)
Market approach (comparable method)

47
Q

Where would you search for comparable evidence?

A

Internal records
Speak with local agents
Auction results
Online sold prices

48
Q

What is the generally accepted margin of error?

A

10%

49
Q

What is hope value?

A

The value arising from any expectation that future circumstances affecting the property may change (usually that planning permission can be secured, or where the realisation of marriage value arises)

50
Q

Define Market Value in terms of Capital Taxation.

A

The price which the property might reasonably be expected to fetch if sold in the open market at that time, but that price must not be assumed to be reduced on the grounds that the whole property is to be placed on the market at one and the same time.

51
Q

How would you value an AHA that is in its last succession?

A

Term and reversion, but use Parry’s Life Tables to estimate the remaining term.

52
Q

In what case was the widely used 30% for AOC’s established?

A

As stated in the IHT Manual, Lloyds TSB Private Banking Plc (personal representative of Rosemary Antrobus deceased) -v- Peter Twiddy (Inland Revenue Capital Taxes) 2004 (the Antrobus case), but the judge did rule that each case should be judged independently and the appropriate reduction should be made

53
Q

When valuing an agricultural property for IHT purposes, what should you bare in mind?

A

Whether the agricultural value is the same as the market value. State this within the report. This is also referred to in the IHT Manual.

54
Q

Please explain the rotation rules for valuation.

A

The UK National Supplement states that firms undertaking valuations for regulatory purposes cannot do so for more than 10 consecutive years with the aim of improving transparency and serving public interest.

55
Q

What is IPMS?

A

International Property Measurement Standards.

56
Q

What are the different purposes of valuation?

A

Financial reporting (taxation or internal accounting)
Secured lending purposes
Taxation - IHT / CGT / SDLT
Compulsory Purchase and Statutory compensation

57
Q

What steps would you follow when receiving an enquiry to undertake a valuation?

A

Get details of the property
Conflict of interest check
Check PII
Terms of engagement - signed

58
Q

What points would you expect to see covered in a banks letter of instruction for a valuation for secured lending purposes?

A

Borrower
Property
Purpose
Conflicts
Details of loan
Who the report is to be addressed to
Special assumptions
Further information and how to gain access
Any special requirements on what the report should contain.

59
Q

What is hope value?

A

The term used to describe market value of land based on the expectation of getting planning permission for a development on it.

60
Q

How often could you be subject to audits from the RICS?

A

The RICS run a risk-based approach, therefore frequency of audits depend on what type of valuations your are completing and how many.
These audits can be physical office visits or can be desk based reviews.

61
Q

What could happen if you have had an audit and this reveals non-compliance?

A

After any valuation review, an assessment report will be issued. Dependant on the level of non-compliance, this could merely state some recommendations. If non-compliance is serious, then further action can be triggered and it could be referred to the Standards and Regulation board.

62
Q

What basis of measurement do you use when incepting, and what does that include?

A

TBC

63
Q

You say you are aware of the recent consultation to change the VPS’s, can you expand on this?

A

The proposal is to amend the 5 VPS’s into 6, with VPS5 being split into 2. These changes are following a Valuation Review that made these recommendations. It is also to ensure the Redbook is aligned with other global standards that have updated (IVS) and ensure it adapts to changing markets (ESG).

64
Q

You say you are aware of The RICS Redbook and other guidance notes, can you give me some examples?

A

Comparable Evidence in real Estate Valuation - Oct 2019
Discounted Cash Flow Valuations - November 2023
Valuation of Development Property - October 2019

65
Q

Are there any specific things to bare in mind when valuing for secured lending purposes?

A

Under VPGA 2 - Secured Lending, emphasis is made on the declaration of a conflict of interest being declared. Also, if the client does not know who the borrower is yet, it must be stated in the ToE that they may not accept the valuation as some lenders have specific requirements, or like to instruct the valuation themselves.

66
Q

Can you give me some typical assumptions that you might make within a valuation?

A

Yes, so examples are listed under VPGA 8 and include :
- assumptions about building condition as we do not undertake a building survey
- services as these can be present but not fully inspected
- environmental constraints (contamination)

67
Q

When undertaking a valuation for taxation purposes, what are the main differences?

A

The definition of Market Value is different and the date of valuation is either date of death of date of transfer.

68
Q
A