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APC P&D RICS Publications & Laws > Publications and Laws > Flashcards

Publications and Laws Flashcards

(66 cards)

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1
Q

Conflicts

A

Global Professional Statement on Conflicts of Interest (2017)

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2
Q

Dual agency

A

Professional Statement Conflicts of Interest - UK Commercial Property Market Investment Agency

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3
Q

Section 21 of EA Act 1979

A

Law- must disclose to buy and seller nature and extent of personal interest in the property

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4
Q

Estate agents laws changing?

A

May 2022, National Trading Standards Estate and Letting Agency Team has introduced a first phase of changes (Part A)

council tax band or rate
the price
tenure information on properties for sale (freehold or leasehold)
details of any reservation fees to be included.

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5
Q

Complaints?

A

RICS Guidance Note on Complaints Handling (2016)

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6
Q

PII

A

RICS PII Requirements Version 9 2021

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7
Q

Risk, Liability and Insurance?

A

RICS Guidance Note on Risk, Liability and Insurance (2021)

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8
Q

Negligence?

A

Yianni v Edwin Evans (1981) - resi loan val - mortgagee can rely on

Scullion vs Bank of Scotland- BTL lenders valuation does not owe duty of care to borrower

Burgess vs Lejonvarn - duty of care in pro-bono

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9
Q

Section 18 of EA Act 1979

A

Clarity on remuneration for the EAs work, when it will be liable and how it will be calculated

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10
Q

Offers?

A

Under EA act all offers must be submitted to the vendor in writing within 24hours, cannot prejudice a buyer

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11
Q

Limitation Act 1980

A

Limitation for negligence. Contract - 6 years from breach, Tort - 6 years from date claimant suffered loss

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12
Q

Clients money

A

RICS Professional Statement Client Money Handling (2019)

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13
Q

Bribes

A

Bribery Act 2010

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14
Q

Criminal money

A

Proceeds of Crime Act 2002

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15
Q

ML

A

The Money Laundering and Terrorist Financing Regulation 2019

Lets over £8,400 to be registered with HMRC within 12 months

CDD Checks mandatory

HMRC to approve all EAs

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16
Q

Part L

A

June 2022- Conservation of fuel and power in building of new homes

New uplift: All new homes must produce 31% less Carbon emissions

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17
Q

Part M

A

Access to and use of buildings

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18
Q

Building Regs

A

Dept of LU, H & C publishes guidance called ‘Approved Documents’ on ways to meet building regulations - -general guidance on performance expected of materials and building work in order to comply with building regs

Reg A- S

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19
Q

Part B

A

Fire - updated in 2019 but removed for errors - republished June 2022

  1. Resi Buildings Over 11m need a secure info box giving fire services info on building
  2. 18m+ incorporate Evacuation Alert system to help inform residents of a change in evacuation strategy during incident
  3. Tougher EWS standards
  4. Ban on MCM panels with unmodified polyethylene
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20
Q

Part O

A

Covers overheating

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21
Q

Part S

A

Covers infrastructure for charging electric vehicles

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22
Q

Affordable Homes Programme 2021-2026

A

Grant funding to support capital cost of developing. HE £7.39bn to deliver AH by march 2026. Either scheme by scheme bidding or multi-year strategic partnership. Average grant is £20,000 per home.

40% on site acquisition, 35% SoS, 25% at PC

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23
Q

Safe buildings?

A

Building Safety Levy Feb 2021

5 Step Plan - £5.1bn to be invested

  1. Govt to pay for removal of unsafe cladding on resi buildings over 18m
  2. Finance scheme for shorter buildings 11-18m
  3. levy on all resi development

Major developers have pledged to undertake at its own costs as quickly as possible to remediate fire risk.

April 2022- extends Levy on all resi buildings - previously only on those over £18m

Developers with profits over £25m also need to pay Residential Property Tax

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24
Q

Asbestos law

A

Control Of Asbestos Regulations 2012
Management of H&S at Work Regs 1999
Construction. Design and management Regs 2015

H&S Act 2008 enables fines of up to £20,000 + 12months prison

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25
RICS Asbestos
RICS Guidance Note: Asbestos: Legal requirements and best practice for property professionals and clients 4th edition (2021)
26
Height
Work at Height Regulations 2005
27
RICS Registration
Rules for the Regulation of Firms (2019)
28
Conduct
Rules of Conduct (2021)- Effective 2022
29
Insta
Social Media - Guidance for RICS Member (2021)
30
ML & TF
Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (amended 2019) CDD & EDD, Chief of Compliance (Melissa Shaw) 14 years +unlimited fine 5 years + unlimited fine for failure to report
31
RICS ML
RICS Professional Statement Countering Bribery, Corruption, Money Laundering and Terrorist Financing (2019)
32
H&S RICS
RICS Guidance Note on Surveying Safely - health and Safety Principles fro property Professionals 2nd Ed. (2018)
33
H&S Law
H&S at Work 1974
34
Work murder?
Corporate Manslaughter and Homicide Act 2007 Unlimited fine, prison and disqualification as director of senior management team
35
Fire Law
Fire Risk Management Regulatory Reform (Fire Safety) Order 2005 Relates to non-domestic property Risk assessment and Responsible person Fire doors, evacuation routes, emergency lighting, fire detection and alarm systems
36
New Fire Law
Fire Safety Act 2021 reforms Fire Safety 2005 and relates to resi buildings Gives fire service rights of enforcement 1. regular lift inspections 2. evac plans updated regularly 3. personal evac for disabled persons 4. if EWS unsafe all doors internal to be fire doors 5. Responsible person must manage/reduce risk of fire
37
Building Safety Act 2021
Hackitt Review - new laws bans on combustible cladding
38
Injuries to visitors
Occupiers Liability Act 1957 Common duty of care imposed to lawful visitors by occupiers and landlords
39
Injuries to tresspassers
Occupiers Liability Act 1984
40
Smoking
Smoke Free Regs 2007 Fines £50-£2500
41
Landlord obligations?
Defective Premises Act 1972 Obligation of landlord to ensure premises comply with requirements
42
CDM
Construction and Design Management Regulations 2015, Policed by HSE - to ensure H&S at all points of construction, Main duty holders: Client, Principle Designer, Principle Contractor
43
Mediation
RICS Guidance Note on Mediation 2014
44
IED
Guidance Note on Independent Expert Determination 2016
45
Witness
Guidance Note and Practice Statement Surveyors acting as Expert Witnesses 2014 (amended 2020)
46
Advocate
RICS Professional Statement Surveyors Acting as Advocates 2017
47
Conflicts Dispute Resolution
RICS Guidance Note Conflcits of Interest for Members Acting as Dispute Resolvers 2017
48
Data
General Data Protection Regulations 2018 Data Protection Act 2018
49
RICS Data
Proposed: Professional Statement on data handling and Prevention of Cyber Crime
50
Sustainability
Guidance Note Sustainability and ESG Guidance in Commercial Property Valuations 2021 Guidance Note Environmental Risks and Global Real Estate 2018
51
Measurement
Professional Statement Property Measurement 2018 Code of Measuring Practice 2015
52
Comps
Guidance Note Comparable Evidence in Real Estate Valuation 2019
53
Methods of Valuation
International Valuation Standards 2020 IVS105
54
Dev Apps
Guidance Note on valuation of Development Property 2019
55
DRC
Guidance Note on DRC Method of Valuation for Financial Reporting 2018
56
Vals
RICS Valuation - Global Standards 2021 "Red Book Global"
57
UK Val
Valuation - Global Standards UK National Supplement 2018
58
Valuation of Long Leasehold Interests
Guidance Note Valuation of Residential Leasehold Premises 2021
59
Light
RICS Guidance Note on Rights of Light 2016
60
Viability
Professional Statement: Financial Viability in Planning: Conduct And Reporting 2019 Guidance Note Assessing Viability in Planning under NPPF 2019 England 2021
61
Savills H&S
Alex Ness
62
Compliance
Chief of Compliance - Melissa Shaw Head of Compliance - Derry Lynch Compliance Officer - Christine Cox
63
COmplaints
CHO - Carole Bratt
64
RICS Responsible Principle
Nicola Mcginis (CFO)
65
Data Controller Manager
Tess Griffiths
66
Money Laundering Reporting Officer
Christine Cox

APC P&D RICS Publications & Laws (1 decks)

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