Example Qs Flashcards
(129 cards)
1
Q
Are you aware of any RICS guidance concerning health and safety?
A
RICS surveying safely 2nd edition. Sets out good principles of the management of health and safety for RICS regulated firms and members.
2
Q
Explain your understanding of the HSE?
A
Health and Safety Executive - authority for managing work related health, safety and illness issues. Ensures risks are properly managed and support businesses to be compliant with legislation.
3
Q
What is the considerate constructors scheme?
A
Non profit organisation to improve image of construction industry. Encourages contractors and supply chain to implement best practice procedures so site operations and engaging with community. promotes cleanliness, reduction of noise pollution and community engagement.
4
Q
What would do if you find an injured person on site?
A
Assess the situation first without putting myself in danger, call emergency services and raise alarm for help.
5
Q
What would you find in the construction phase plan?
A
Description of project, management of the site working procedures including inductions, training, rules, emergency procedures. Arrangement for controlling significant risks including working at height and preventing falls.
6
Q
What does RIDDOR stand for and what incidents are reportable under it?
A
Reporting of injuries, diseases, and dangerous occurences. Requires responsible persons to notify any death, major injury, disease or dangerous occurrences (explosions, collapse)
7
Q
What are the 5 steps of a risk assessment?
A
- identify hazards
- Who might be harmed and how
- evaluate risk and decide precautions
- record and implement findings
- review and update.
8
Q
Explain your understanding of the term tax depreciation?
A
Where the declining value of an asset is offset against a companies taxable profit. The depreciation in value can be recorded as an expense to reduce the amount of taxable income. Can be applied to tools, vehicles, furniture and buildings.
9
Q
What are overheads?
A
Refers to the operating costs of the business incurred on ongoing basis.
Fixed overheads - rent, insurance
Variable overheads - delivery or utility charges than can vary
10
Q
What is a profit and loss account?
A
Show the companies income compared against its expenses.
11
Q
What is a balance sheet?
A
Shows the value of companies assets and liabilities (loan repayments, rents)
12
Q
Explain project bank accounts?
A
Dedicated bank account in construction projects to manage payments for specific project.
13
Q
What is an escrow account?
A
Contractual agreements used as a financial instrument within a transaction. Asset or funds being transferred are held by a third party until ready for completion and then transferred
14
Q
Name three different types of accounting ratios?
A
Liquidity ratio - ability to pay debts
Profitability ratio - ability to generate profits from sales
Gearing ratio - compare capital within company against its debt. Measure of financial leverage.
15
Q
Why do businesses keep company accounts?
A
Record and measure profitability
Tax calculation
Legislation to keep good records
Business growth - identify profit and loss making operations
16
Q
What is financial leverage?
A
Using borrowed funds in the form of debt to enhance business operations, profitability and rats of return.
17
Q
What is the difference between a current asset and fixed asset?
A
Current assets can be converted into cash easily - moneys owed
Fixed assets are harder to be converted into cash. Includes land, property, machinery
18
Q
What are the key financial statements all companies must provide?
A
Profit and loss accounts
Balance sheets
Cash flow statements - cash inflows and outflows over a specific period of time
19
Q
What is a cashflow statement?
A
Summary of actual or anticipated ingoing and outgoing cash over accounting period. Measure short term ability to pay bills.
20
Q
What is a cash flow forecast?
A
Summarises amount of cash entering and leaving a company. e.g construction projects usually S curve illustrating when cash is drawn.
21
Q
What is S curve?
A
Shape of expenditure on graph - reflects when funds are drawn out and spent on construction projects. Starts low, peaks in middle with expensive building elements such as structural works, slows again at the end
22
Q
Why do chartered surveyors need to understand and be able to interpret company accounts?
A
Review and understand own company accounts
Assess financial strength of tenants etc
Review profitability of businesses engaging with
23
Q
What is difference between debtor and creditors?
A
Creditors are owed money. Debtors owe money.
24
Q
What are financial statements?
A
Forecasts of income and expenditure to analyses potential shortfalls and surpluses
25
What are key indicators of insolvency in companies accounts?
Low credit rating
Low returns
Falling cashflow
High gearing ratio indicating reliance on loans
Falling capital ratio suggesting too many contracts to finance.
26
What to do in event of contractor insolvency?
Ensure contractual procedures completed including termination rights. Record payments made and progress. Secure site and have materials removed. Check warranties and provisions for another contractor to step in.
27
What is your understanding of the term confidentiality?
Information is protected from unauthorised access or disclosure. Non disclosure agreements can ensure sensitive information can only be accessed by those who are authorised. Important for surveyors when handling client information.
28
What is your understanding of meta data?
Information about a specific piece of data, for example a photo can have metadata on the location or date it was taken. Meta data needs same level of care as all other data. e.g when sharing document, ensure confidential meta data isn't shared inadvertently
29
What is intellectual property?
They are the legal rights of their creator who can control their use.
30
Explain the freedom of information act?
Allows public to request information held by public bodies to promote transparency and accountability.
31
What are the benefits of cloud based storage systems?
Information can be backed up securely on encrypted servers
Accessibility can be managed
Cheaper than cost of physical storage
Convenient to send and share files
Environmentally friendly
Multiple users can use at same time
Increases collaboration
32
What is a non disclosure agreement?
used to protect against the disclosure or sharing of confidential information. Prevents use of information being used by competitors
33
If two separate departments within your firm were working for two rival companies, how would you ensure that your client's sensitive data was managed?
Make client aware of the risks and understand the conflict of interest. Then obtain their informed consent they are happy to proceed. Arrange information barriers between the teams to ensure no cross over and ensure exclusivity of staff to ensure no cross over. Consider NDAs, separate working locations. Secure documentation and data storage arranged so cannot be accessed by other team
34
What is the data protection act 2018?
Main UK data legislation and aligns with previous EU law. Stipulates how data is collected, stored and used. Breaches can be fined up to £20m or 4% turnover
Data needs to be used fairly, transparently and lawfully. Used in a way relevant and limited to purpose intended for. Not retained longer than necessary, processed securely, accurate and up to date.
35
Who are the key persons in GDPR?
The controller - determines the purpose and means of processing personal data.
Processor - processes the personal data on behalf of controller
Data Protection Officer - Leadership role overseeing company data protection approach, strategy and implementation.
36
What sources of information do you use in surveying?
RICS Guidance notes
Contracts
Valuation data
Contractor information
Design information
Leases
Land registry
37
Explain your understanding of COP29
Held in Azerbaijan last year focused on addressing finance gap through loss and damage fund to support vulnerable nations. Progress made on the global carbon market where buying and selling of emissions facilitated to reduce them.
38
What is the global carbon market?
System that allows buying and selling of carbon emissions. Designed to reduce them by putting a price on them to incentivise countries to innovate and invest in cleaner technologies. Trade or sell emission allowances to achieve reduction targets.
39
What is the RICS Sustainability Report?
Sustainability report 2024 provided analysis of the current state of sustainability in the built environment. Found increase demand for green buildings but adoption of green construction practices still limited due to high upfront costs and limited govt support.
Increase in commitment and action required to meet 2050 net zero. RICS has key role in ensuring this by shaping policy and standards.
40
What is MEES?
Minimum Energy Efficiency Standards - EPC minimum E, landlord required to make improvements
41
What is Urban Greening Factor?
Tool that measures the amount of urban greening (vegetation cover and planting around buildings) to aid appropriate planning of greening on future developments. Aims to increase amount of green over around buildings. Council's can develop own targets
42
Explain sustainability?
Aims to meet the need of the present without compromising the ability of future generations to meet own needs.
Focused on social, environmental and economic factors. Need to build communities with sufficient buildings for housing and amenities and infrastructure, economy that is strong and competitive and doing this without damaging natural spaces and limiting future generations ability to thrive.
43
What are key pieces of legislation affecting sustainability in construction?
Agricultural land act - enables land to be purchases for agricultural activities. Building regs. Clean air act, climate change act.
Building regs part L relates to conservation of fuel and power to prevent waste.
MEES + EPC
44
How could conflict of interest be managed internally if two separate departments were working for same client?
Exclusivity of staff, separate communication lines, different locations for departments, NDAs, monitor conflict, information barriers preventing sharing of information, restricted access to files.
45
If a client insisted on continuing work despite a conflict of interest how would you proceed?
Ensure the client fully understands the conflict and implications and risks associated. Then would get written informed consent to proceed. Discuss and agree procedures for management of the conflict with all concerned and monitor throughout.
46
Explain your understanding of the bribery act 2010 and what firms need to do?
Offences include - making a bribe, receiving a bribe, bribing a foreign official.
Firms must ensure prevention through procedures, commitment, risk assessments, due diligence, communication, monitoring and reviews
47
Under the bribery act what circumstances is a facilitation payment permitted?
None except when there is a real and present danger to yourself if not. If physical threat then take safety first. Make payment and report when safe.
48
When attending a conference you are announced as winner of prize draw of an iPad of significant value?
As MCC I would have to decline regardless.
RICS generally, would likely decline as the value of prize is disproportionate and could be seen as a bribe. So politely decline and report to manager.
49
You receive an invite to the theatre, do you attend?
MCC - no
RICS - I would declare on gift register and if approved and authorised I would attend. If no one else from the team was attending, I would decline as it would no longer be business event.
50
Expensive business lunch, what happens when client pays?
If for legitimate business purpose then fine, but would need to be declared. Can offer to reciprocate but consider less lavish restaurant in the future.
51
Newly appointed project manager working for client wants you to reduce fee by 20% to renew contract. how do you respond?
This is a negotiation, not a bribe at this point. I would advise that the fee could only be reduced if the level of service and resource required also reduced. Need to ensure that you can offer a high standard of service at the reduced fee. If not, then decline.
52
How would you deal with a friend seeking advice?
Need PII in place. Would need to provide information and advice to them to same high standard as if it was a client. If not comfortable to act for them then advise to use RICS find a surveyor.
53
Partner says you have spent all the fees on the job and some areas still need to be worked on, what do you do?
Ensure I do not lower my level of service despite fees running out. Determine why all the fees have been spent and check for any errors. Measures in place to ensure it does not happen again. If it is due to additional work beyond agreed scope then can claim for additional fees. If not, then the firm pays. Ensure I keep track of all spending and works included in scope.
54
What are the rules of conduct?
1 - members and firms must be honest and act with integrity and comply with professional obligations including obligations to RICS.
2 - Members and firms must maintain professional competence and ensure services are provided by competent individuals with necessary experience
3 - Must provide good quality and diligent services
4 - treat others with respect and encourage diversity and inclusion
5 - Must act in public interest, take responsibility for actions and act to prevent harm and maintain public confidence in profession
55
What is your understanding of rule 1?
Not allow yourself to be influenced by gifts or hospitality. Identify conflicts of interest and avoid or manage them properly.
56
Explain professional obligations of members?
Comply with cpd requirments
Cooperate with RICS
Promptly provide information requested by the standards and regulation board.
57
Obligations of firms?
Publish CPH and ADR approved by RICS
Ensure PII
Locum
Cooperate with RICS
Provide information requested by standards and regulation board
Display that they are regulated by RICS in business literature
Report to RICS any matters that they are required.
58
What issues do you expect from a company with high staff turnover?
High recruitment and training costs
Inconsistent performance
Poor staff morale
Lower customer satisfaction
Loss of customers
Reduced profitability
59
What is SWOT analysis?
Analyse internal strengths and weakness. Exploit strengths and mitigate weaknesses
60
What is PEST analysis?
Method of analysing factors effecting market conditions.
Political
Economic
Socio demographic
Technological
61
What is Porters 5 Forces?
Analyse the competitiveness of an industry and barriers to entry. Includes:
Substitute products
Bargaining power of suppliers
Bargaining power of buyers
Rivalry among firms
Threat of new firms
62
What is a client account planning session?
A review of current workload, resources and fees and assess potential opportunities
63
What are terms of business?
Together with terms of engagement forms contract with firm and client. Includes general obligations, payment terms
64
What is in a client appointment document?
Clarification of scope of works.
Agreed fees and payment terms
terms of business
Details of key personnel
CPH and ADR
65
How does a business plan help an organisation in current economic climate?
Lots of uncertainty so needs to be updated in response to it.
Can analyse external issues and opportunities such as increased AI, new government policies, high inflation and high interest. Up to date business plan can focus on how to use or mitigate these issues. Can focus on priorities and new targets and align everyone in company to work towards them.
66
What are key components of a business plan?
Summary
Marketing strategy
Mission statement
Overview of product and services
Management team and structure
Financial forecasts
Targets and responsibilities
SWOT analysis
PEST analysis
67
How can a business plan help profitability?
Securing new funding
Grow client base
Highlight key objectives
Improve productivity and results with everyone working towards it
Support forecasting and budgeting
Resource planning
68
What is business model?
Strategy implemented to generate revenue and profit. May details products or services to client base.
69
What is in the RICS Business Plan?
After Levitt report aims to be more transparent with members and public.
New whistleblowing arrangements, clearer governance and leadership, engagement with younger members and local boards.
70
What are barriers to effective communication?
Mono tone delivery
Unclear delivery
Too much jargon/technical language
Emotionally charged
Poor call quality,
Bias
Disinterest
Poor relationships
Language barriers
71
What is your approach when negotiating challenging circumstances?
Detailed research, compile a supporting document to add substance/evidence to claims, meet with client to discuss negotiable and non negotiables and goals/strategy. Try to understand other party aims. Try to develop partnering approach and develop rapport rather than adversarial. Know when to walk away.
72
What makes successful negotiations?
Preparation and collecting supporting evidence and documentation. Identify negotiables and non negotiables. Understand aims of both parties. Develop rapport. Good minute/note taking to confirm status and next steps and actions.
73
How to prepare for a negotiation?
Understand client and other party position. Establish strategy.
Research and preparation - ensure I can back up claims
Decide how to negotiate. Email, or organise meeting to suit all - teams or in person.
74
What happens in negotiation meeting?
All parties to outline position and reasoning. Maintain professionalism, calm and courtesy and respect at all times. Should take notes/minutes and action any agreements quickly.
75
Example of oral communication skills?
Utilise them day to day on video calls and meetings. We have large department meetings every few months and I presented on a case I was working on at the timel
76
What are your thoughts on using email as form of communication?
Carry the same legal value as a letting and contracts can be inadvertently created by email so need to be careful with content and form and include disclaimers. I always ensure I communicate in a professional manner and do not share others email addresses without consent. I ensure I proof read and double check any attachments to ensure they are correct versions and check recipients are correct.
77
What factors can contribute to workplace conflicts?
Poor communication, misunderstandings, conflicting priorities, personality clashes, different work styles, lack of clarity in job roles
78
How would you handle a disagreement with a colleague?
listen actively to understand their perspective. Remain calm and professional and avoid acting emotionally. Seek to find common ground and find solutions rather than blaming them. Use evidence to support or involve supervisor if needed.
79
What are key elements of active listening?
Eye contact, open body language, not interrupting, confirm understanding, seek clarification through questions, give verbal and non verbal feedback.
80
How to handle a miscommunication?
Identify cause of miscommunication and clarify any misunderstandings. Use written follow ups to document agreements and avoid further confusion.
81
Prior to working with a new client, what pre appointment checks would you need to undertake?
Ensure those working on commission are competent, sufficiently skilled and knowledgeable. Check any conflicts of interest. Anti Money laundering checks. Ensure sufficient PII insurance.
Formalise agreement with TOE
82
When setting up a new practice what procedures would you put in place to ensure good client care was provided?
Ensure TOE are clear with lines of communication, scope, timescales.
Set up regular meetings and ways for client to provide feedback and ensure it is acted on. Regular performance reviews with client. Agree strategies for business development to retain existing clients and attract new ones.
83
Why is client care important?
Competitive industry and important to retain clients and develop new business through testimonials. Complaints or claims for negligence can turn people away and be costly and time consuming, reducing staff performance.
84
What should you do on receipt of formal complaint?
RICS - arrange a call with client to notify them that the complaint has been received and work being done to rectify issues. Ensure CHP was issued with TOE but can reissue. Senior figure in firm or designated handler can progress with handling. Ensure insurers are notified. If unable to resolve can seek ADR through RICS.
85
What is meant by duty of care?
Duty of care is to ensure that another party does not suffer harm or loss as a result of a breach of contractual obligations or tort of negligence.
86
What is mediation?
Form of dispute resolution with consent of both parties. Assists in supporting negotiations to reach an acceptable outcome. Informal process that is not binding.
87
What is concilliation?
Similar to mediation but in the event of breakdown in negotiations they prepare recommendation setting out how it should be resolved. if neither party objects then it become binding.
88
What is litigation?
Requires dispute being resolved through legal action and formal court proceedings. Can give a good, reliable and reasoned judgement but time consuming, expensive and potentially damaging to reputation.
89
What is workplace diversity?
Relates to the acceptance and inclusion of employees of all backgrounds. Ensuring diversity to an important asset as it acknowledges the strength of each employee and their potential.
90
What are advantages of a diverse team?
Increase in productivity due to broader range of skills and knowledge and experience. Different skills sets and perspectives within team improves finding solutions to problems and increases creativity. Also improves cultural awareness which is important in Council. Helps to attract potential talent as they know employer is accepting and tolerant.
91
What is inclusion in the workplace?
Creating an environment and culture where all employees feel like they belong and comfortable to voice opinions and isn't excluded on the basis of their identity.
92
What are common environmental issues on construction sites?
Land degradation, risks to flora and fauna, water pollution, air pollution, contamination, noise pollution, high energy usage, emissions, high wastage, release of dangerous gases and materials
93
What is the Paris Agreement?
Legally binding climate change treaty from 2016. Limit global warming to below 2 degrees and targeting 1.5 degrees from pre industrial levels. Commits all countries to cut their pollution.
94
What sustainable building methods do you know?
Use of recycled materials such as timber, recycled tiles and plastics
Ground source heat pumps
Air source heat pumps
Solar panels, wind turbines
Rain water harvesting
Green roofs
Automated building systems (light sensors)
95
What are green roofs?
Roof covered in vegetation with additional drainage layers and irrigation systems. The vegetation absorb rainwater, provide insulation and increase biodiversity by providing habitats for wildlife. Can also help lower urban air temperatures.
96
What is SUDS?
Sustainable Drainage Systems - allows surface water to be collected in the ground and managed passively. Doesn't rely on plastic drainage components and utilises natural vegetation.
97
What sustainable working practices do you implement?
Print only when needed, car sharing, energy efficient equipment, turn off all electronics when not needed, recycling, minimise waste, cloud based systemsWh
98
What is communication?
Imparting or exchanging of information through various mediums
99
When might you use the RICS decision tree?
Gifts, whistleblowing, conflicts.
Also decision tree for japanese knottweed.
100
Explain your understanding of the Harris Debate?
Annual debate arranged by RICS to discuss ethical concerns in surveying and valuation.
101
What was discussed in Harris Debate 2024?
Focused on the ethics of AI and its impact on valuation as it is being increasingly used across the profession.
102
What is your view on the use of AI for property valuation?
It is a useful tool for offering greater accuracy and efficiency when carrying out valuations in support of work by an experienced and qualified surveyor. However, there are concerns about where the data is sourced from and how reliable it is, also unable to pick up site specific issues. Need to be fully transparent with where and how data is found to be compliant with RICS standards.
103
What other uses can AI have?
Assisting with property management - automated scheduling maintenance etc
Analysis of tenant behavior
Energy efficiency through smart building tech and AI monitoring of lighting, heating etc
Streamlining transactions - Automating paperwork, detecting fraud
Urban planning/development - analysing environmental, social and economic data
104
What guidance applies for RICS members using social media?
Guidance note - use of social media sets out Rules of Conduct applies to all members using social media in same way as face to face communicating
105
How do you ensure you operate inline with RICS guidance on social media?
I use social media in a responsible and professional manner in the same way I would communicate with people in person. I would never make a dishonest or offensive post and I realise that this could undermine trust in profession.
106
When would RICS investigate a social media post?
Discriminatory, dishonest, harassing, abusive, threatening,
107
What is your understand of the RICS business plan?
Attracting diverse talent - through modernising recruitment processes and bursaries and grants for underrepresented groups
Enhancing member engagement
Strengthening trust
Leadership on sustainability issues.
108
Explain your understanding of RICS fee change?
Increased 3.5% to address rising operating costs and inflation. New framework to reflect members grades and economic conditions.
109
Explain your understanding of changes to Professional Indemnity Insurance around fire safety?
After Grenfell, fire safety insurance cover was removed from PII insurance, leaving surveying firms unable to obtain fire safety cover. RICS worked with insurers to limit fire safety exclusions to buildings over 4 storeys.
110
Explain your understanding of Inclusive Employer Quality mark?
Launched by RICS to improve diversity and inclusion within the sector. Participating firms pledge to improve and are assessed on leadership, recruitment, staff development, staff retention, staff engagement. Firms can use the branding of inclusive employer quality mark.
111
What is RICS doing to improve diversity and inclusion?
Diversity and inclusion leadership knowledge hub sharing ideas on and how and why diversity and inclusion is so important. Aiming to develop black an minority talent, included on rules of conduct, memorandum.
112
What is the difference between professional standards and practice information?
Professional standards - requirements with a focus on competence and ethical behavior. Contain mandatory requirements that HAVE to be followed and best practice that SHOULD be followed.
Practice Information - Supporting guidance to advise surveyors in delivering specific services. Not mandatory.
113
What are the rules of conduct?
1 Must be honest, act with integrity and comply with professional obligations including to RICS
2. Must maintain professional competence and ensure services are provided by competent individuals who have necessary experience.
3. Must provide good quality and diligent services
4. Treat others with respect and encourage diversity and inclusion
5. Must act in public interest, take responsibility for actions and act to prevent harm and maintain public confidence in profession.
114
What is your understanding of rule 1?
Should not allow themselves to be influenced improperly through acceptance of gifts or hospitality. Identify and manage conflicts of interest.
115
What is the expected impact of the new government?
house building targets - 1.5m new homes.
Planned public infrastructure investment
Focus on sustainability - eco friendly materials, renewable energy
Skills development - youth training initiatives.
116
What is your economic outlook for 2025?
Huge impact of Trump on interest rates, wider market conditions, supply chains.
Hopefully inflation and interest rates falling can improve costs of materials. Eventually labours commitment to skills training should help with skills shortage. Changes in approach to environment issues and planning can make development easier. Greater investment in affordable housing through grants can help improve viability.
117
What impact is hybrid and WFH having on property sector?
Demand for homes with office space
Greater demand for suburban homes away from city centres
Rethinking use of office space
Better quality office space to entice people in
Shorter office lease terms
Adaptable office designs for hot desking and open plan collaboration areas
Changes to commercial property as high streets less frequented by office workers
118
What is carbon life cycle?
Holistic view of carbon footprint of building - considers material extraction, manufacturing, transportation, construction, maintenance, operation, repairs al throughout the life of the building.
119
What is placemaking?
Holistic approach to development of public spaces that consider broad issues when delivering spaces - sense of belonging, security, uniqueness, inspiration, pride. Aims to improve quality of life.
120
What is a green mortgage?
Mortgage that rewards someone for buying or owning energy efficient home by offering favourable terms - lower interest or cashback
121
What is urban greening factor?
Tool that evaluates and measures the amount of urban greening (vegetation cover). Aims to increase the amount of green cover around buildings and support biodiversity. Council's can have minimum requirements for new developments
122
What do you do if you receive two identical bids for a property you are marketing?
Invite both bidders to submit revised offers in a second round of bids. This ensures the best possible price is achieved for the seller while maintaining fairness and transparency. Alternatively seller may choose to accept an offer based on other factors like buyer position (cash/mortgage/chain)
123
What advice would you give to a client who wishes to take occupancy of a vacant unit on the high street?
Before committing to a lease or purchase, key considerations I would discuss with the client are whether the unit meets the client's operational requirements in terms of size, layout and location. I would also review the lease terms to identify rental rates, lease duration and break clauses. Planning permission may also be a consideration in terms of whether the property has required use classification. Ensure client is aware of additional costs such as service charges, business rates and maintenance fees.
124
What components must be in place in order to form a tenancy agreement?
To be legally binding, must specify parties, must be a fixed location, specific terms including term and other obligations, must have rent even if peppercorn, exclusive occupation.
125
What is a bare licensee?
Occupies land with the owners permission but without any legal interest in property. Licence personal to them and not transferrable, offers no legal protection against third party acquiring land.
126
What is trespassing?
Entering property without owner consent and without lawful justification. Needs to have intent and do have limited rights if injured due to landlord negligence.
127
What is a periodic tenancy?
Tenancy arrangement continuing on a rolling basis indefinitely rather than fixed end date. Usually becomes one once fixed term ends and renewal not agreed. Remains in place until notice to terminate.
128
What is tenancy at sufferance?
Tenant remains in a property after lease expires without landlord consent but without immediate eviction. Tenant not lawful occupant but also not trespasser as they entered with consent.
129
What is section 29 of L&T?
Allows parties to apply to court and judge to rule on whether lease should be granted.
