APC ALL COMPETENCIES MIXED Flashcards
(603 cards)
Explain your understanding of the RICS Rules of Conduct?
- Members and firms must be honest, act with integrity and comply with their obligations including those to the RICS.
- Members and firms must maintain their professional competence, ensure that services are provided by competent individuals who have the necessary expertise.
- Members and firms must provide a good quality and diligent service.
- Members and firms must treat others with respect and promote diversity and inclusion.
- Members and firms must act in the public interest, take responsibility for their actions, act to prevent harm and to maintain public confidence in the profession.
What are the professional obligations of RICS members?
- Must comply with CPD requirements
- Must comply with the RICS
*Must provide any information reasonably requested by the standards and regulations board.
Requirements of PI Insurance?
- The policy cover must be made on an each and every claim basis.
- The RICS sets out the minimum level of indemnity based on the company’s turnover the previous year.
- The policy must be fully retroactive.
- The RICS sets out the maximum levels of uninsured excess
- Run off cover must be in place
- The policy must cover past and present employees, directors and partners.
- Must meet limitation requirements
Professional obligations of firms
- Must have PI insurance
- Must publish a complaints handling policy
- Must use RICS branding correctly on business literature
- Firms with a sole practitioner must have arrangements in place for their work to be completed by others in the event of their in-capacity, death or inability to complete their work.
- Must Co-operate with the RICS
- Must report any matters they are required to under the RICS Registration for firms.
- Must provide any information reasonably requested to the standards and regulations board.
What is the purpose of a collateral warranty?
Due to privity of contract a collateral warranty entitles a third party to become party to a contract. The collateral warranty will entitle the client to claim against a party which is directly in contract with the main contractor.
What is PI Insurance?
- Professional Indemnity Insurance is in place to cover the costs of claims against a party due to losses incurred by a party due to a parties professional negligence.
- Professional indemnity insurance protects you against claims for loss or damage made by clients or third parties as a result of the impact of negligent services you provided or negligent advice you offered. Compensation claims can be brought against you even if you provided a service or offered advice for free.
What is indemnity?
In contract law, an indemnity is a contractual obligation of one party to compensate the loss incurred by another party due to the relevant acts of the indemnitor or any other party.
What is the difference between indemnity and insurance?
- Indemnification is an agreement to transfer losses in the even of an event occuring. One party will agree to be responsible. You cannot have insurance without indemnification however you can have indemnification without insurance.
- One party will make an agreement with a second party that in the event of a claim by a third party they will cover the costs incurred.
What types of insurance required by an RICS regulated firm?
Professional Indemnity Insurance
Public Liability Insurance
Employer’s Liability Insurance
Building Insurance (if they have a business premesis)
What types of insurance are relevant to construction?
Professional Indemnity Insurance
Employer’s Liability Insurance
Product Liability Insurance
Contractors all-risk insurance
Latent defect insurance
Public liability insurance
Plant and equipment insurance
Building insurance
What is an acceptable time to read a gift?
The gift should be received an appropriate time. The gift should be proportionate and should not be able to be considered a bribe. All accepted gifts should be contained within the firms gifts register.
What are acceptable gifts?
Gifts that are proportionate and appropriate. They should not be able to be considered as a bribe.
Who can a gift be received from?
Anyone as long as the gift is acceptable, appropriate and proportionate and it isn’t able to be interpreted as a bribe.
What is the process of checking for a conflict of interest?
- Guidance contained within the current edition of the Conflicts of Interest Professional Statement.
- Members and firms must check for and identify actual and potential conflicts of interest, and to take action if any are found.
- Consider any past involvements with the site, client, rival clients, consider relationship of employees with the client. If any past employees are now working for the client. If any employees have any beliefs which could impact their ability to act impartially.
- If any conflicts are identified do not proceed with the instruction unless there is informed consent.
- Evidence of checks for conflicts need to be recorded and the management of any conflicts need to be recorded in writing.
How would you calculate a fee for your services?
The scope of services needs to be established and clarified with the client. Spell out the Clients expectations of you. I would then use experience on previous projects to estimate the time needed to diligently complete each task. I would then apply the hourly rate of the employee who will be delegated to each task. This will then be clearly shown within the fee proposal so the Client can understand how the fee is calculated.
What are the main elements of a fee proposal?
Terms and conditions
Scope of Services
Exclusions
Assumptions
What is included in terms of engagement?
- Clearly outline the services that you will be providing
- How the client’s data will be used
- Company terms of business
- The fee that will be expected, the basis of its calculation and the payment terms.
What would you do as a sole practitioner in the event that you did not have the necessary expertise to provide a good quality and diligent service?
- Ensure that you have the necessary expertise before accepting any work. It is not ethical and is not good practice. If possible i would point the client in the direction of a contact who had the expertise to provide the service.
What must you have in place as a sole practitioner?
- must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work
What methods can be put in place to protect two clients confidentiality?
- Exclusivity of staff
- The use of non-disclosure agreements
- Seperate working locations
- Secure document and data storage would be arranged to be used exclusively for seperate teams.
- Information barriers
What would you do if you were offered an unacceptable gift?
- Initially I would decline and explain why the gift is inappropriate.
- If the gift was persisted I would report the infringement to a colleague.
What are the risks associated with conflicts of interest?
A conflict of interest can impact a surveyors ability to act impartially and can prevent the member or firm from being able to provide competent and diligent advice.
Potential accusations of bribery
What would you do if you became aware of a potential conflict of interest?
The client needs to be informed of the potential risks associated with conflicts of interest. To continue the agreed services for the client informed consent to continue the work for the client needs to be acheived.
What are the steps if you wanted to set up an RICS accredited firm?
- Notify the RICS of the intention to set up the firm and acquire the set-up information pack.
- Submit for regulation
- appoint contact officer who will be responsible for communicating with the RICS.
- Acquire compliant PI insurance
- Put compliant complaints handling procedure in place.
- Use regulated by RICS on all business material.
- Abide by all rules and obligations for firms.