Mandatory Q&A Flashcards
1
Q
When is another time you have identified and dealt with a conflict of interest?
A
Due to the fact I only act for one client, I rarely experience conflicts of interest. When I do, these are mainly when tenants are asking for professional advice and I tell them I cannot advise them as this would be a party conflict.
2
Q
What is your companies gift policy?
A
Inform line manager of any and all gifts received
Input on company gift register if value exceeds £50
Based on openness, transparency and proportionality
3
Q
What is your companies client money handling procedure?
A
- Cash is always counted by at least two employees and a physical receipt is given to payee and a record is kept
- Payments over £1,000 need approval from line manager
- Payments over £5,000 need approval from head of department
- Payments over £10,000 need approval from two authorised signatories - CEO + FD or 2 Directors
- Account is always kept in credit
- Accurate records are kept with a running balance available
- Bank accounts reconciled twice every month, checking that payments received have been transferred into the correct account
4
Q
Why did your client not want to recieve vacant possession of 8 St Martins?
A
Because it was a difficult unit to let and the tenant had built a long-term and positive relationship with my client
5
Q
What lease clauses did you feel you were unable to advise the tenant of regarding the letting of 63 St Martins?
A
Clause 9.4 - If the LL loses rating relief after the end of the term because the tenant allows it, the tenant is liable to pay the LL an amount equal to the relief lost
Compensation and service media
General things that were not my place to advise as I did not act on her behalf and was not a qualified legal representitive of her
6
Q
What is CPD and how do you ensure your compliance with this obligation?
A
A commitment to ongoing learning and development for members to maintain their competence and expertise
By ensuring I complete the required hours of formal and informal CPD and by using the CPD Decision Tree
7
Q
What is your understanding of the Rules of Conduct?
A
They support positive change in the built and natural environments, through promoting and enforcing the highest ethical standards in valuation, the development and management of land, real estate, construction and infrastructure.
They are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.
8
Q
What is your companies CHP?
A
- Complaint made in writing
- CHP details provided to the complainant as well as CHO contact details
- Details passed to Complaints Handling Officer along with complainant contact details
- Complaint acknowledged within 7 days and investigated within 28 days
- Accurate record of communication, timescales, investigation and findings kept on complaints log
- Not a regulated firm so no independent redress scheme but would recommend RICS Dispute Resolution Service
9
Q
What are your comapnies KPIs?
A
Minimum 5% annual rent increase accross portfolio
Average void period below 21 days
Low tenant turnover
100% recycling rate
0% waste to landfill
Net Yield between 5-8%
Enhance habitat and increase biodiversity
10
Q
How do you establish your clients objectives?
A
By receiving a writting instruction, outlining expectations, objectives, budgets and timescales
Followed by by regular face to face meetings, followed up with written confirmations of points discussed and agreed to provide evidence / papertrail
11
Q
How did you demonstrate company policy was adhered to during the complaint about the letting of Old Pilsgate Farmhouse?
A
As per company policy, I had logged all interested parties on an excel spreadsheet in the order of which they registered their interest. For popular lettings, my company enforces a first-come-first-serve policy for viewings to take place. Therefore I could clearly evidence that the complainant was far down the list and did not get into the first wave of viewings
12
Q
What would you do if a tenant still refused to accept a rental increase?
A
I would try to negotiate the matter there and then, dropping the increase to my bottom line. If they still refused, I would leave before the dispute escalated and advise my client of the situation and the possible options available, such as serving the tenant with a Form 4
13
Q
What is a Form 4?
A
A Landlord’s Notice proposing a new rent under an assured periodic tenancy in England, used by landlords to notify tenants of a rent increase. It’s a legal document required under the Housing Act 1988. Must be served at least one month before the increase is effective.
The legal mechanism for landlords in England to legally propose and implement a rent increase on an assured periodic tenancy
14
Q
How does your communication ensure compliance with CDM 2015?
A
By keeping a paper trail and evicencing the appointment of Principal Contractors and Principal Designers, the creation of risk assessments, the number of person days, the number of people simultaneously on site or the number of construction days.
Protects against any possible claims of negligence
15
Q
What is the key content of the H&S at Work Act 1974?
A
- Duty to every employer to ensure, so far as reasonably partitionable
- Policed by HSE as a criminal offence with unlimited fines and / or imprisonment
- Must report injuries and dangerous occurrences- 1999 regulations
- Must undertake and regularly review risk assessments
- Hazard = anything that has potential to cause harm - wet floor
- Risk = the probability / likelihood that someone will be harmed
16
Q
What is the importance of following the H&S at Work Act 1974 throughout all dealings for your client?
A
To protect the health and safety of myself, colleagues and contractors
To protect my client agaisnt any possible claim, negligence, fine or persicution
17
Q
What is your companies lone working policy?
A
All details in calendar
Accurate timings
Call office if running over
W3W reference if location has no address
Appropriate PPE if neccessary
Dynamic risk assessments if neccessary
18
Q
How do you ensure the Estate’s residential portfolio is let in compliance with current regulations?
A
By confirming that properties have the required certificates and reports prior to the lettings of a property and by serving tenants this informations before moving in.
Using fixflo for ongoing tenancies to keep track of planned maintenance events.
19
Q
What is the correct positioning for smoke and carbon monoxide detectors?
A
Smoke detectors = on every level of living accomodation
CO = in ever room with a solid fuel burner - no more than 3m away
20
Q
What legislation regulates smoke detectors and CO in rented properties?
A
The Smoke and Carbon Monoxide Alarm Regulations 2022
21
Q
How do you check that smoke alarms and CO detectors are in date?
A
Smoke alarms = on the back side
CO = on the back side
If no expiration date is stated, add 10 years onto the manufacturing date
If not manufactering date is stated, replace the alarm anyway
22
Q
How do you ensure the Control of Asbestos Regulations 2012 are followed in your clients portfolio?
A
- Duty holder must assess whether asbestos is present and if so where and what condition it is in. If in doubt, materials must be presumed to contain asbestos
- Assess the risk and produce an asbestos management plan - is encapsulating / removal required?
- Produce an asbestos register
- Make the register available to all relevant parties who might disturb it
- Review the register regularly - HSE recommends every 6 months
23
Q
When would you instruct an R&D survey?
A
When any refubishment or demolition is carried out on a property constructed before 2000
24
Q
What are some key principles of the RICS Client Honey Handling Professional Statement?
A
- Client accounts must be kept separately and be clearly identifiable
- The word ‘client’ is on the back account and cheque book
- A client must be able to have their monies on demand
- Regular bank reconciliation checking that payments received are transferred to the bank accounts and expenditure records are checked at least monthly
- Accurate records are kept with a running balance available
- Annual audit and reporting obligations by certified accountant employed by the RICS are met
25
What are the key principles of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, as amended?
They aim to stop criminals using professional services to launder money by requiring professionals to take a risk-based approach.
Firms must put measures in place to identify their clients and monitor how they use their services.
26
What is money laundering?
When proceeds of criminal activities are disguised or converted and then realised as legitimate assets
27
What are red flags for money laundering?
unusual transactions
a secretive or evasive client, and the use of complex financial structures
rapid movement of funds
large cash transactions
transactions with no apparent business purpose
dealing with non-resident customers or Politically Exposed Persons (PEPs)
offshore transactions
dealings with high-risk jurisdictions
28
How would you carry out an AML check?
* Customer due dilligence
* Identity verification
* Risk assessment
* Enhanced du dilligence
* Ongoing monitoring
* Sanctions screening
* Record keeping
29
What is a cashflow forecast?
* Used to predict the movement of cash in and out of their accounts over a specific period, usually a year
* It helps businesses understand their future cash position, identify potential liquidity problems, and make informed financial decisions
30
What are the 3 pillars of dispute resolution?
1. Negotiation
2. Mediation
3. Arbitration / Adjudication
30
What is yield?
The income generated by an investment over a specific period, typically expressed as a percentage of the investment's value
31
What obligations does the RICS Rules of Conduct put on members and firms?
To act with integrity
Identify and manage any potential conflicts
Effective identification and management of conflicts of interest is an essential component of professionalism
The professional statement provides confidence to clients and consumers that RICS members and regulated firms are operating to the highest ethical standards.
32
How does the RICS Dispute Resolution Service (DRS) assist in resolving disputes?
Provides impartial, professional solutions for resolving disputes in the built environment. These services are known as alternative dispute resolution (ADR) methods, which help parties resolve issues efficiently, cost-effectively, and without the need for lengthy litigation in court.
33
What are some examples of ADR?
Mediation
Arbitration
Determination by an Independent Expert
Professional Arbitration on Court Terms (PACT)
34
What are the 7 Key Principles of the Data Protection Act 2018?
1. Lawfullness, transaprency and fairness
2. Purpose limitation
3. Data minimalisation
4. Accuracy
5. Storage limitation
6. Integrity and confidentiality
7. Accountability
35
What are the 8 Rights of the Data Protection Act 2018?
1. To be Informed
2. Of Access
3. To Rectification
4. To Erasure
5. To Restrict Processing
6. To Data Portability
7. To Object
8. To Automated Decision Making and Profiling
36
What is GDPR?
A European Union law that protects the personal data of individuals. It sets rules on how organizations can collect, use, store, and share personal information like names, addresses, email addresses, and other identifying details. Essentially, it gives people more control over their data and requires organizations to be transparent and responsible about how they handle it
37
What is Rule 4 of the Rules of Conduct and what does it relate to?
Members and firms must treat others with respect and encourage diversity and inclusion
Relates to DEI / Equality Act 2010
38
What are the 9 protected characteristics?
1. Gender reassignment
2. Sex
3. Sexual orientation
4. Age
5. Disability
6. Race
7. Religion or belief
8. Marriage or partnership
9. Pregnancy or maternity
39
What does the UK Governments Climate Change & Sustainability Strategy 2024 outline?
MoJ - promotes green jobs, and probation opportunities
1. Use sustainability as a strategic enabler of justice outcomes
2. Lead the way in greening government
3. Embed sustainability in everything we do
40
Explain your understanding of what happened at COP29?
Held in Baku in 2024
Agreed a new global climate finance goal with the aim of mobalising $300b annually by 2035 for developing countries
Addressed carbon trading under Article 6 of the Paris Agreement 2016 creating market mechanisms for the market and incentivising emission reductions
Ephasised the need for intergrated approaches to water for climate action
41
What is COP?
Conference of the Parties
42
What is the aim of COP?
To convene representatives from countries that have signed an international treaty to review its implementation, negotiate new measures, and assess progress towards the treaty's objective
43
What are ELMS?
Part of the UK agricultural transition following Brexit
Expanding schemes to pay farmers and land managers to provide environmental goods and services alongside food production; and providing one-off grants to support farm productivity, innovation, research and development
44
What has ELMS replaced?
Basic Payment Scheme - BPS
Closed on 31st December 2023
Replaced by delinked payments from 2024 - 2027
45
Prior to working with a new client, what pre-appointment checks would you need to undertake?
I would ensure those working on the commission are sufficiently knowledgeable, skilled and competent to carry out the work required. I would also check for any potential conflicts of interest in line with the RICS professional guidance on conflicts of interest. Anti-money laundering checks would be required in line with the Anti-Money Laundering Directive and RICS professional statement Countering Bribery and Corruption, Money Laundering and Terrorist Financing. Finally I would ensure the firm has sufficient Professional Indemnity Insurance to cover the value of the instruction and formalise the appointment with issue and sign off of written terms of engagement
46
When setting up a new practice, what procedures would you put in place to ensure good client care was being provided?
I would setup processes for formalising the agreed terms of engagement and clear communication lines with the client, including confirming timescales, resourcing adjustments and obtaining any information required from the client. I would also set up procedures for obtaining regular client feedback and ensuring this is acted upon for example by holding monthly client performance reviews. Setup of strategies for taking part in business development activities in order to retain existing clients and also generate new business would also be undertaken. Procedures to keep client information confidential including use of non-disclosure agreements to protect client confidentiality would also be put in place
47
Why is client care so important?
Surveying practices that provide excellent client care are likely to retain existing clients and develop new business leads by receiving positive testimonial. A failure to provide good client care is likely to lead to client dissatisfaction, complaints and in the worst-case scenario, Professional Indemnity insurance claims for professional negligence. Formal complaints and insurance claims can be costly and result in a stressful working environment, reduced staff performance and can be time consuming. Complaints and claims can and should be avoided with diligence, manageable workloads, resource planning and well developed procedures for obtaining and acting on customer feedback
48
On receipt of a formal complaint from a client in writing what would you do?
I would look to arrange a call with the client as soon as possible to notify them that you have received the complaint and are working to rectify the issues they are experiencing. A copy of my firms complaints handling procedure would also be issued to the client for reference. The complaint with all relevant details would be reported to a senior person within the firm or the designated complaints handler. I would also ensure my firms Professional Indemnity Insurers were kept up to date inline with the requirements of the policy. If I am unable to resolve the complaint this would need to be referred to the RICS independent redress mechanism.
49
What is meant by the term Duty of Care?
A duty of care is to ensure that another party does not suffer harm or loss that can arise as a result of a breach of contractual obligations or Tort of Negligence. General forms of appointment will include contractual duties to perform services with reasonable skill and care that is to a standard expected of a reasonably competent professional. However if the appointment is made on the basis of specialist capabilities, then the duty of care expected would be to the standard of a competent specialist rather than a general practitioner operating in that field. In the absence of contractual obligations Tort of negligence can be applied which relies on the courts applying relevant aspects of common law to determine the duty of care that is owed.
50
What is meant by the term client money?
Money of any currency whether in the form of cash, cheques, draft or electronic transfer. An RICS regulated firm holding or receiving money on behalf of another person or company that is not immediately due or payable on demand to the RICS regulated firm for its own account. Client money excludes fees paid in advance for professional work.
51
Please explain your understanding of the term tax depreciation?
Tax depreciation is where the declining value of an asset is offset against a company’s taxable profit. The depreciation in value can be recorded as an expense in order to reduce the amount of taxable income. This can be applied on things such as plant, tools, vehicles, computers, furniture and buildings.
52
What is the difference between a current asset vs. a fixed asset?
Current assets can normally be converted into cash within one financial year and are regarded as assets that allow day to day operation of the business. Examples may include money owed to the company following sales of its products or services, inventory and prepaid expenses. Fixed assets typically cannot be converted into cash within one year. These kinds of assets are recorded on a company’s balance sheet as fixed assets the company owns on a long term basis. Examples include vehicles, office furniture, machinery, buildings and land.
53
Name the three different types of accounting ratios?
1. Liquidity ratios consider an organisations ability to pay their debt obligations and assess its margin of safety by looking at a number of metrics including their operating cash against short term debts.
1. Profitability ratios assess an organisations ability to generate profits from its sales operations and shareholding equity. The ratio indicates how efficiently a company is in generating its profit.
1. Gearing ratios compare capital within the company against its debts. The gearing is a measure of companies financial leverage and sets out what proportion of the firms activities are funded by shareholders vs its creditor funds.
54
What is financial leverage?
Financial leverage is the concept of using borrowed funds in the form of debt to enhance business operations and increase the company’s profitability and rates of return. In the event that the rate of return invested via borrowed funds is higher that the interest on those funds then more profit can be generated.
55
What issues would a company experience with a high staff turnover?
Potential issues may include:-
* Increased recruitment costs. Increased training costs.
* Inconsistent production / performance.
* Poor staff morale.
* Lower customer satisfaction / reputational damage.
* Loss of customers / repeat business.
* Higher operating expenditure.
* Reduced profitability.
56
What procedures does your firm adopt to ensure they are profitable?
My firms procedures include:-
* Timesheets.
* Resource planners.
* Project reviews.
* Yearly Performance reviews.
* Team Meetings.
* Director one-to-ones.
* Business Development Strategy.
57
Please provide some examples of fee earning vs. non fee earning staff at your company?
Fee earning members of staff would include:-
* Quantity Surveyors.
* Architects.
* Project Managers.
* Building Surveyors.
* Valuers.
* Commercial Real Estate Consultants.
Non fee earning members of staff would include:-
* Administration staff.
* Business Development Managers.
* IT support staff.
58
What procedures can you adopt to avoid disputes?
Clear contract documentation and written terms of engagement can be key to avoiding post contract disputes. Effective communication procedures and accurate record keeping can also be key in addition to issuing written correspondence to confirm the actions and decisions that are taken. Ensuring that agreed company and contractual procedures are followed is also key in addition to following RICS standards and professional guidance statements.
59
In your experience what are some common causes of disputes?
Common causes of disputes include:-
* Errors and conflicting information within tender documentation.
* Poorly defined change control procedures.
* Lack of knowledge & understanding of contractual obligations.
* Contract errors.
* Poor contract administration.
* Poor quality of workmanship.
* Delays to payments & non-payment of claims.
* Nonconformity of contractual obligations.
60
What is mediation?
Mediation is a form of dispute resolution that is entered into by the consent of both parties. A third party mediator is appointed to resolve the dispute in question and assists in a supported negotiation to reach an acceptable outcome. Mediation is an informal process allowing parties to adopt a flexible approach in reaching an outcome allowing relationships to be maintained. The mediator has no legal authority or power to instruct either party to do anything and the process is not binding
61
What is conciliation?
Conciliation is used by mutual consent of both parties, under the ICE procedure there is no right of either party to object to the appointed conciliator. The process adopted is very similar to mediation in a supported style of negotiation. The main difference is that in the event negotiations breakdown the conciliator will prepare a recommendation setting out how the dispute should be resolved. If neither party objects to the recommendation within one month this then becomes final and binding.
62
What is litigation?
Litigation requires the dispute to be resolved through legal action and involves formal court proceedings. Litigation is thought to offer access to the most reliable and well thought out decision making. Judges can instruct that parties comply with the time frames required and impose sanctions if there are any breaches. Litigation often brings greater costs and can last between 12-18 month. Proceedings can be conducted in a public setting and can be damaging to the reputation of the unsuccessful party.
63
What are the benefits of cloud based storage systems?
Some of the key benefits of cloud based storage systems include:-
* Information is backed up securely on encrypted servers.
* Accessibility can be managed via online settings.
* Cloud systems are often cheaper than the costs of physically storing and managing files.
* It is convenient to send and share files online instead of mailing physical copies.
* Cloud systems are environmentally friendly. - NOT
* Multiple users can access the same documents.
* Documents and folder systems can be synchronised.
64
Please explain your understanding of the meaning of a non disclosure agreement?
Non disclosure agreements are used to protect against the disclosure or sharing of any confidential data. Prior to the confidential data being shared with a recipient, clients will typically request that the recipient signs up to an NDA. They are often used when confidential, sensitive, innovative or intellectual property information is being shared to prevent this information being used by competitors.
65
If two separate departments within your firm were working for two rival companies, how would you ensure client sensitive data was managed?
This is an extremely sensitive issue and I would have to make both clients aware of the conflict of interest and brief them on the risks and measures put in place. I would need to make sure an instruction to continue from both clients is received before proceeding. Measures to mitigate the risk of any data transfer before the two departments could include:-
* Exclusivity of staff to each department.
* Signing of Non Disclosure Agreements.
* Single Communication Lines back to client.
* Separate working locations.
* Secure document storage.
66
Who are the key persons outlined within GDPR?
* Controller. This is the natural person or legal entity that determines the purposes and means of the processing of personal data (for exampe, when processing an employee’s personal data, the employer is considered to be the controller).
* Processor. This is the natural person or legal entity that processes personal data on behalf of the controller (for example, a call centres acting on behalf of its client) is considered to be a processor. At times, a processor is also called a third party.
* Data Protection Officer (DPO). The Data Protection Officer is a leadership role required by EU GDPR. This role exists within companies that process the personal data of EU citizens. A DPO is responsible for overseeing the data protection approach, strategy, and its implementation.
67
Please explain your understanding of the term workplace diversity?
Diversity in the workplace relates to the acceptance and inclusion of employees of all backgrounds. Ensuring diversity in the workplace is an important asset of an organisation as it acknowledges the individual strengths of each employee and the potential they bring.
68
What are some advantages of a diverse team?
Diverse teams have been demonstrated an increase in productivity can be achieved as a diversity of talent will result in a broader range of skills. Differing skill sets and perspectives within the team will increase the change of generating solutions to workplace problems and a increase in creativity. Improved cultural awareness is another key benefit as a range of cultures within the workplace allows companies to operate more effectively within a global marketplace. For example, having access to an employee who speaks Mandarin will be a great asset for a company operating in China. A companies reputation and brand image is also improved as companies that have a diverse workplace are often perceived as better employers. Potential employees want an employer who accepts and is tolerant of all backgrounds and who treats their employees fairly
69
Please explain your understanding of inclusion within the workplace?
Inclusion within the workplace is creating an environment and culture where all company employees feel like they belong in the organisation. This results in every employee being comfortable to voice their opinions and that no one person feels excluded on the basis of their identity.
70
What are the most common environmental issues experienced on construction sites?
* Risk of Land Degradation.
* Risks to Flora and Fauna.
* Risks of Water Pollution.
* Air Pollution.
* Land contamination.
* Noise and Vibrations.
* High Energy usage and Emissions of CO2.
* High Wastage production into landfill.
* Release of dangerous gases & materials.
71
What is the Paris Agreement?
The Paris Agreement is a legally binding international treaty concerning climate change. It was adopted by nearly every nation and came into affect in 2016. The goal of the Paris Agreement is to limit global warming to well below 2 degrees Celsius whilst targeting levels below 1.5 degrees Celsius when compared to pre-industrial levels. The agreement commits all major emitting countries to cut their climate pollution. It also creates a framework for the transparent monitoring and reporting of each individual countries progress.
72
Can you please name some sustainable building methods you are aware of?
Sustainable building methods I am aware of include:-
* Use of recycled materials such as reclaimed timber, recycled tiles and plastics.
* Ground Source Heat Pumps.
* Air Source Heat Pumps.
* Solar Panels.
* Wind Turbines.
* Solar Shading.
* Rain water harvesting.
* Green Roofs.
* Automated Building Systems (Lighting sensors).
73
What is your understanding of the term ‘Green Roofs’?
A green roof is a roof covering that is partially or completely covered with vegetation that is placed over a waterproof membrane. Additional layers such as drainage layers, irrigation systems or root barriers may also be placed over the membrane. Rooftop ponds are an alternative form of green roof which are used to treat grey water. The vegetation, soil, drainage layer, root barriers and irrigation system are typically the key components of a green roof. Advantages of Green Roofs are that they absorb rainwater, provide extra insulation, increase biodiversity by providing habitats for wildlife, are aesthetically pleasing and lower urban air temperatures.
74
Please explain your understanding of the term SUDS?
The term SUDS stands for sustainable drainage systems and allow surface water to be managed as close to its source as possible by allowing surface water to infiltrate into the ground where it is collected and then managed passively. SUDS will slow down surface water run off by allowing it to infiltrate and soak into natural contours and landscapes. SUDS are considered to be environmentally friendly as they do not rely on the manufacture of plastic or clay drainage components and instead utilise natural vegetation and material to absorb surface water. SUDS rely on a number of management practices, controls and strategies to efficiently and sustainably drain surface water whilst minimising pollution and managing the impact on local bodies of water.
75
What things do you implement to promote sustainability?
Sustainable working practices I implement include:-
* To print only when necessary.
* Car sharing.
* Use of energy efficient equipment.
* Recycling.
* Cycle to work.
* Careful to minimise waste.
* Avoid use of plastic bottles where possible.
* Use of cloud based sharing systems.
76
Can you please define what communication is?
The imparting or exchanging of information by speaking, writing or using some other medium.
77
What are your views on email communication?
I place a big emphasis on proof reading and taking great care when sending e-mails as it is easy to release sensitive information to incorrect parties. I always take care to double check the recipients prior to issue and am aware that even though they appear less formal than written letters, they still have the ability to create contracts and form written instructions.
78
What is a negotiation?
Negotiation is when discussions which are held to reach a compromise or agreement. This can be achieved through an informal or facilitated negotiation process. Negotiations can be finalised either in line by line detail or at a high level.
79
What would you do following a negotiation meeting where a verbal agreement was made?
I would look to formalise the verbal agreement as soon as possible. This would be achieved through issue of written correspondence setting out what was discussed and agreed at the meeting. Within the written communication I would request that the other party confirm agreement by written reply. If confirmation was not received I would follow up with a verbal call reminding them to confirm back in writing.
80
What makes a successful negotiation?
In my opinion, good preparation and discussion prior to the meeting with the client about the concessions and non negotiable items can facilitate a successful discussion. Good record keeping and presentation of written instructions & costed breakdowns that have been received and recorded during the project can help support the meeting. The meeting should be held in a calm environment where both parties are given the opportunity to speak without interruption. Taking regular comfort breaks and time to review discussions in private with the client particularly in heated parts of the negotiation can also assist. Following the agreements within the meeting I would look to formalise these in writing as soon as possible to avoid any confusion around what has been agreed.
81
Explain your understanding of the term HSE?
HSE stands for the Health & Safety Executive. The HSE is the UK national authority for managing work related health, safety and illness issues. They act in the public interest to reduce work related injuries and incidents. Their am is to protect people’s health and safety by ensuring that risks are properly managed. They also support businesses to change and adapt in order to remain compliant with occupational health and safety legislation.
82
What is the considerate constructor’s scheme?
It is a non-for-profit independent organisation founded in 1997 to improve the image of the construction industry. It encourages contractors and their supply chain to implement best practice procedures for site operations and engagement with surrounding communities. Initiatives include promoting cleanliness of building sites, minimisation of noise pollution and engagement with local communities.
83
What kinds of incident are the causation of most deaths within the construction industry?
Falls from height.
84
What is the biggest cause of long term health issues in the construction industry?
Breathing in Hazardous Dust and Fumes.
85
What does the Beaufort Scale measure?
This is used to measure windspeed which is important when working on site.
86
When are visitors most likely to have an accident on a construction site?
When they first start on a new site.
87
What should you do first if you find an injured person on site?
I would assess the situation first without putting myself in immediate danger. I would then call the emergency services if required and raise the alarm and call for help.
88
On receipt of a formal complaint from a client in writing what would you do?
I would arrange a call with the client as soon as possible to notify them that I have received their complaint and are working to rectify the issues they are experiencing. I would issue the client a copy of my firms complaints handling procedure for reference and then report the complaint with all relevant details to a senior person within the firm or designated complaints handler. I would also look to notify my firms Professional Indemnity Insurers inline with the policy requirements. Finally I would arrange a meeting with the client to take on board their feedback and address any areas of concern by introducing appropriate procedures if required. If I am unable to resolve the complaint this would need to be referred to the RICS independent redress mechanism.
89
Prior to working with a new client, what pre-appointment checks would you undertake?
I would check the clients’ brief to ensure that I am sufficiently knowledgeable, skilled and competent to carry out the work required. Checks for conflicts of interest would also be undertaken in line with the RICS professional guidance in addition to anti-money laundering checks. I would ensure ensure that my firm has sufficient Professional Indemnity Insurance in place to cover the value of the instruction. The appointment would then be formalised via issue and signature of written terms of engagement.
90
When setting up a new practice, what procedures would you put in place to ensure good client care was being provided?
Processes for formalising terms of engagement and clear communication lines with the client, including confirming timescales, resourcing adjustments and obtaining any information required from the client. I would also set up procedures for obtaining regular client feedback and ensuring this is acted upon for example by holding monthly client performance reviews. Strategies for taking part in business development activities in order to retain existing clients and also generate new business would be undertaken. I would also ensure that reporting to clients is undertaken by using agreed and consistently formatted documentation that has been tailored to meet the client’s requirements.
91
If a client was prepared to pay you in advance for services you were providing, how would you ensure this was dealt with?
I would set up a separate client account which is properly named and clearly identifiable. A statement of account advising the client of any money held, disbursements and drawdowns would be issued at agreed intervals. Prior to drawing monies, a statement of how much is to be withdrawn and what services and associated fees are made up of would be issued through an updated statement of account.
92
What is the difference between ethics and integrity?
Ethics are moral values that affect a person’s behaviour or the conducting of an activity. Integrity is the quality of being honest and having strong moral principles.
93
How can professional practices look to encourage ethical environments with high standards of integrity?
This can be achieved through:-
* Setup of confidential whistleblowing procedures.
* Raising awareness and providing CPD on ethical matters.
* Becoming an RICS accredited practice.
* Establishing and monitoring of ethical performance amongst staff members.
94
What are the CPD requirements for MRICS members?
The CPD requirements include:-
* Recording of 20 hours of CPD per year.
* Achieving a minimum of 10 hours formal CPD per year.
95
Please give some examples of matters you may refer to the RICS decision tree in order to seek guidance?
These matters would include:-
* Receiving gifts in a professional capacity.
* Equal opportunities.
* Whistleblowing.
* Copyright and ownership.
* Conflicts of interest.
* Charitable donations.
* Attendance at hospitality events.
96
What are the 5 ehtical standards of the RICS?
Service – always provide a high standard of service
Trust – always act in a way that promotes trust in the profession
Integrity – always act with integrity
Respect – always treat others with respect
Responsibility – Always take responsibility
97
What are the RICS by-laws?
(10)
The byelaws set out the structure, requirements and governance of the RICS as a self-regulated body.
Apply to all members, firms and other non-member individuals as defined in the royal charter, i.e. FRICS, MRICS, AssocRICS, trustees and management board officers.
