RICS, Ethics and Others

Question 1

What is the role of the Royal Institution of Chartered Surveyors?

Answer 1

PEETR

1) Advancing ethical and technical standards for its members in the industry

2) Benefiting consumers by enforcing standards and codes of best practice

3) Providing expert and impartial advice (governements, businesses and public).

4) Providing its members with current and professional training, market insight and advice

5) Promoting the RICS status and standards in property professionalism.

Question 2

What is the Royal Charter

Answer 2

A charter allows the RICS to promote its usefulness of the profession for the advantage of the UK public.
Awarded in 1881 by Queen Vic

Question 3

What is Lion Heart

Answer 3

Indipendant charity run by RICS
Financial support, health and welbeing, councilling, work related support and legal advice if a family member becomes ill.

Question 4

Why do you want to be a chartered surveyor

Answer 4

1) Global recognition as part of the largest property professional community
2) Access to RICS guidance, status, information and support.
3) Access to fellow RICS members
4) Being a part of promoting best practice in the profession.

Question 5

What is the RICS matrix

Answer 5

Guidance matrix for new members entering the profession.

Question 6

What is the role of the Standards and regulatory board?

Answer 6

• They have responsilbility for exercising the RICS’s regulatory role.
• The Standards and Regulatory board oversee RICS standards, entry and admission, education and quality standards, dispute resolution and regulatory tribunal.
• The board run indipendantly by both non-members and members.
• Reports to the Governing council.

Question 7

What is the structure of the RICS

Answer 7

1) Privvy council
2) Governing Council
3) (Regulatory Tribunal & Standards and regs board) - (RICS board)
4) Committee’s and regional boards

Question 8

What was the Levitt review, its objectives and outcomes?

Answer 8

Review into historic treasury management and subsequent actions at the RICS

1) Consider shortcomings in comissioning the report and failiure of governance
2) Make recommendations

Results:
1) Sound governance principals not followed by RICS
2) Concerns of non exec board members legit, and they were wrongly dismissed
3) Lack of clarity around roles and responsibilities of RICS boards, senior leadership and management.

Question 9

What was the Bichard review, remit and recommendations?

Answer 9

Bichard was commissioned as per recommendation of the Levitt review.
“A wide ranging examination of purpose, governance and strategy should be examined”

Review aimed to clarify the purpose of the RICS and its governing structure and make proposals for the incoming leadership on future company culture and strategy of the institution.

Recommendations included:
1) renewed and increased focus on public interest remit.

2) Maintaining self regulation through greater independence for regulatory functions.

3) Increased focus on diversity and inclusion.

4) Empowering and enabling members through greater support via regional boards

5) Undertaking an independent review of RICS governance and effectiveness once every 5 years

6) New simple and clear governance structure

7) Showing greater leadership on issues that matter most to society i.e. sustainability/climate change.

Question 10

Who is RICS CEO

Answer 10

Justin Young

Question 11

Who is RICS president

Answer 11

Tina Paillet

Question 12

What guidance note details Coutner bribery and corruption, money laundering and terrorist financing’.

Answer 12

Coutner bribery and corruption, money laundering and terrorist financing 2019

Question 13

In relation to bribery and corruption RICS regulated firms must:

Answer 13

1) Not offer or accept, directly or indirectly or commit any action that could constitute a bribe.

2) Have plans in place to comply with applicable laws governing bribery and corruption and ensure these are followed.

2.2) Members must have adequate knowledge of bribery.

3) Report any activity they are aware of that breaches anti bribery or corruption laws to relevant authorities and the RICS.

4) Act with due diligence and perform periodic written evaluations

5) Retain information detailing the firm met the requirements of the professional standard.

Top three are relevant to members, all 5 to firms.

Question 14

In relation to Money laundering and terrorist financing RICS-regulated firms must:

Answer 14

Members must - not facilitate and report suspicious activities (1 & 4)

Firms:
1) Not facilitate or be complicit in activities

2) Have plans / system in place

3) Must conduct periodic reviews

4) Report any suspicion to relevant authorities

5) Revaluate and review risks periodically

6) Only rely on third parties if there is an appropriate prior checks/confidence of the third party

7) Take measures to understand the client and purpose of transactions

8) Verify the identity of the client by undertaking identify checks

9) Record and retain information detailing how the firm has met the requirements

Question 15

What is included in the Rules of Conduct as updated in 2022

Answer 15

Rule 1: Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

Rule 2: Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise

Rule 3: Members and firms must provide good-quality and diligent service
.
Rule 4: Members and firms must treat others with respect and encourage diversity and inclusion.

Rule 5: Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession

Question 16

What is in the RICS global professional and ethical standards?

Answer 16

Acting with honesty, integrity, and in the best interests of clients
.
Maintaining professional competence and knowledge.

Complying with applicable laws, regulations, and professional standards.

Protecting client confidentiality and handling conflicts of interest appropriately.

Promoting and upholding the reputation of the profession.

Question 17

What are the general offences under the bribery act

Answer 17

Offering, promising, or giving a bribe.
Requesting, agreeing to receive, or accepting a bribe.
Bribing a foreign public official.
Failing to prevent bribery by individuals or organizations associated with a business.

Question 18

What is your complaints handelling procedure?

Answer 18

Once received I will provide written acknowledgement within 7-days.

I will notify my project Partner and Company Secretary & Governing Counsel Imelda Moffet, who will log this within the Complaints Handling Log.

I will notify G&T’s PII insurer ‘Marsh’

I will provide a formal written response within 28 days.
- If resolved G&T will undertake an internal audit in order to prevent the issue from reoccurring.
- Following this, then the Company Secretary & Governing Counsel will update the Complaints Handling Log based on this outcome.

However, if the complaint is still unresolved then an independent redress provider would review this such as the RICS Dispute Resolution Service.

Question 19

What are the three types of conlficts on intrest defined by the RICS?

Answer 19

3 types of conflict of interest:

1. PARTY CONFLICT: situation in which the duty of an RICS member (working independently or within a nonregulated firm or within a regulated firm) or a regulated firm to act in the interests of a client or other party in a professional assignment conflicts with a duty owed to another client or party in relation to the same or a related professional assignment
2. OWN INTEREST CONFLICT: situation in which the duty of an RICS member (working independently or within a nonregulated firm or within a regulated firm) or a regulated firm to act in the interests of a client in a professional assignment conflicts with the interests of that same RICS member/firm (or in the case of a regulated firm, the interests of any of the individuals within that
   regulated firm who are involved directly or indirectly in that or any related professionalassignment)
3. CONFIDENTIAL INFORMATION CONFLICT: a conflict between the duty of an RICS member (working independently or within a non-regulated firm or within a regulated firm) under paragraph 2.2 to provide material information to one client, and the duty of that RICS member (working independently or within a non-regulated firm) or of a regulated firm under paragraph 2.1 to another client to keep that same information confidential.

Question 20

What action should you take is a Conflict-of-Interest situation (or potential situation) arise?

Answer 20

1) Consider if you can perform your role free of conflict of intrest

2) Seek written informed consent outlinging the conflict of intrest and mitigation measures. Ensure the client understands the nature of the conflict.

3) Keep written records of your actions/dilligence and of the informed consent

Question 21

What are the minimum limits of indemnity?

Answer 21

Firm’s turnover In the preceding year vs Minium limit of indemnity
£100,000 or less - £250,000 PII
£100,001 to £200,000 - £500,000 PII
£200,001 and above - £1,000,000

Question 22

What are the maximum level on unisured excess

Answer 22

Firm turnover vs Maximum uninsured excess

£10,000,000 or less - The greater of 2.5% of the sum insured, or £10,000

£10,000,001 and above - no limit set

Question 23

What measurers can you take to avoid professional indemnity claims?

Answer 23

1) Keeping full and detailed records of meetings, conversations and names
2) Record recommendations and advice given
3) Use of propoer letters of engagements, appointment contracts and follow scope of services
4) Avoid giving advice outside of your field of expertise
5) Follow RICS guidance and professional statements
6) Avoid excessive workloads

Question 24

What is professional indemnity insurance run-off cover

Answer 24

Run off is a form of professional indemnity that covers the historic liabilities of a business after it ceases to trade.

RICS expect run off cover to be maintained for a minimum of 6 years from cessation

Question 25

In sumamry, what are the RICS bylaws

Answer 25

The RICS Bye-Laws provide the power for Head of Regulation and Regulatory Tribunal to make disciplinary and regulatory decisions including issuing disciplinary penalties and costs.

Those decisions are made in accordance with the Rules and guidance created by the Standards and Regulation Board.

Question 26

Specifially, what are the RICS by laws?

Answer 26

1) Application and definition of the bylaws
2) Membership and registration laws
3) Designations rules
4) Contibutions and funds
5) Professional Conduct
6) Governing council
7) Boards committees and groups
8) Procedure for general meetings
9) Accounting and audits
10) General (RICS properties, trustees, contracts, dissolution).

Question 27

Are you aware of any guidance published by RICS in association with complaint handling?

Answer 27

• RICS Guidance Note on Complaints Handling published July 2016
• Guidance Note on complaints handling states that the CHP should:

o Be fit for purpose
o Be made available and understood by all staff
o Be shared with complainants or potential complainants
o Be regularly reviewed and updated
o Be agreed with PII brokers so that they do not compromise cover
o Provide details of the independent redress if the firm cannot resolve the complaint

Question 28

What are the Principles of Client Care?

Answer 28

Objectives
Scope of services
RICS service
Clear communication

• Understanding the Client’s objectives
• Establishing your scope of services and the fee for doing so
• Deliver work to a high standard
  o Myself, my firm, the RICS and the profession as a whole
  o Act within your level of competence
• Appropriate behaviour
  o Being courteous, punctual and professional
  o Adhere to the RICS ethical and professional standards
• Clean lines of communication
  o Regular meetings and updates
  o Establish a transparent, trustworthy and open relationship

Question 29

What RICS guidance note sets out Client Money Handling?

Answer 29

Client Money Handling Professional Standard 2022

Question 30

How does the Client Money Handling Professional Standard 2022 set out requirements for holding client money

Answer 30

• Hold all money in a client account over which the RICS-regulated firm has exclusive control at a bank or building society authorised by the relevant banking regulatory body
• not hold office money in a client money account unless it is a receipt of mixed monies where the office money is awaiting transfer
• ensure that all client money accounts include the word ‘client’ (written in full) and the name of the firm in the title of the account, and that discrete client money accounts include an identifier (e.g. the client or property name) in the title of the account to easily distinguish it from other accounts of the RICS-regulated firm
• ensure that money held in a client account is immediately available even at the sacrifice of interest, unless other arrangements are in the best interests of the client and the client has given express instructions in writing
• ensure that where a client requests that money is held in an account to which it and the firm has access, this is a bank account set up by the client, not a firm bank account.

Question 31

What are the 5 negociation styles?

Answer 31

Compete (I Win- You Lose) …
Collaborate (I Win – You Win)
Compromise (I Lose / Win Some – You Lose / Win Some) …
Accommodate (I Lose – You Win) …
Avoid (I Lose – You Lose) …

Question 32

Who are the key duty holders under CDM?

Answer 32

Commercial clients - Organisations or individuals for whom a construction project is carried out that is done as part of a business

Domestic clients - People who have construction work carried out on ther home (not onbehlaf of a business)

Designers - Organisations or individuals who as part of a business, prepare or modify designs for a building, product or system relating to construction work.

Principal designers - Must be appinted by client in projects involoving more than one contractor.

Principal Contractors - Contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.

Contractors – Those who carry out the actual construction work, contractors can be an individual or a company.

Workers – Those working for or under the control of contractors on a construction site.

Question 33

What are the duties of a client under CDM

Answer 33

The client must make suitable arrangements for managing the project.
- Other duty holders are appointed as appropriate
- Sufficient time and resources are allocated to the works.
- Relevant information is prepared and provided to other dutyholders
- The principal designer and principal contractor carry out their duties
- Welfare facilities are provided

Question 34

What are the contractors duties under CDM

Answer 34

They are appointed in writing by the client (commercial or domestic) to plan, manage, monitor and coordinate health and safety during this phase.

This includes ensuring standards are understood and followed.

Question 35

What are the duties of the Principal Designer under CDM.

Answer 35

• Plan, manage, monitor and coordinate health and safety in the pre-construction phase. In doing so they must take account of relevant information (such as an existing health and safety file) that might affect design work carried out both before and after the construction phase has started
• help and advise the client in bringing together pre-construction information, and provide the information designers and contractors need to carry out their duties
• work with any other designers on the project to eliminate foreseeable health and safety risks to anyone affected by the work and, where that is not possible, take steps to reduce or control those risks
• ensure that everyone involved in the pre-construction phase communicates and cooperates, coordinating their work wherever required
• liaise with the principal contractor, keeping them informed of any risks that need to be controlled during the construction phase

Question 36

When is a project notifiable to the HSE under CDM regulations?

Answer 36

A project is notifiable to the HSE if it is expected to last more than 30 days and involve more than 20 workers on site at any one time, or exceed 500 person days of work.

Question 37

What is included in the Surveying Safely RICS guidance.

Answer 37

It sets out basic, good practice principles for the management of health and safety for RICS regulated firms and members.

It sets out principles for those engaged in the built environment as property professionals and includes health and safety responsibilities.

Question 38

What Is set out in the RICS surveying safely guidance note

Answer 38

Personal responsibilites: individuals have the necessary skills, knowledge,
training and experience to carry out these tasks

Individual reponsbilities include: Performance (being competent to perform thier work). Control (being prepared to work within designates systems of work). Adaptability (being able to recognise and adapt to changing circumstances). Vigilence (remianing vigilent at all times to safty of you and others). Awareness (of your/others limitations). Teamwork

Organisational responsibilities: Selection (of competent staff). Training, information, equpment, safe systems of work, clear instructions, supervision, PPE.

Safe person concept: a ‘safe person’ to mean that each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.

Corperate responsibility: time pressures, distraction/interruptions, fatigue. inexperience/lack of knowledge and complacency.

Sets out risk management and assessment criteria
Sets out standards for hygine, hazardous materials and places of work
Sets out guidance for visiting sites
Section on fire safety
Section on contractor selection

Question 39

How many types of asbestos are there?

Answer 39

6 types - chrysotile, actinolite, amosite, anthophyllite crocidolite and tremolite

chrysotile is the most common - soft fibers

Question 40

What 5 steps does the HSE outline for a risk assessment?

Answer 40

Identify hazards.
Assess the risks.
Control the risks.
Record your findings.
Review the controls

Question 41

What is included in a business plan?
/ What are the essential elements of a business plan?

Answer 41

A business plan is a written document that outlines a company’s goals, strategies, and tactics for achieving those goals. It provides a roadmap for how a business will operate and grow over time.
Generally these are over a five year period.

Question 42

What is mediation

Answer 42

Agreed thrid party
Facilitates discussions between parties
Goal to reach a settlement - the power to settle remains with the parties however
The process is nonbinding

Question 43

Describe the process of adjudication.

Answer 43

A statutory procedure for swift interim dispute resolution to enable the parties to proceed without delay or damage to reputations. It is provided by a third party ajudicator selected by the parties in dispute. Resolved in 28 days typically

Question 44

What are the main form of ADR

Answer 44

• Negociation
• Mediations
  -Adjudication

Question 45

What is the Data protection act 2018?

Answer 45

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.

• Used fairly, lawfully and transparently
• Used for specified, explicit purposes
• Used in a way that is adequate, relevant and limited to only what is necessary accurate and, where necessary, kept up to date kept for no longer than is necessary handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

Question 46

What are the 9 protected charateristics

Answer 46

DR GRAMPSS

Disability
Race
Gender
Religion
Age
Marriage
Pregnancy
Sex
Sexual orientation

Question 47

When would you use the JCT Construction Management Contract?

Answer 47

The JCT Construction Management Contract is used when an employer wishes to appoint a construction manager to manage multiple contracts or trade packages within a project. It’s often utilized in complex developments where effective coordination is crucial.

Question 48

What are the key features of the JCT Construction Management Contract?

Answer 48

Key features include the appointment of a construction manager responsible for managing various trade contracts, coordinating works, optimizing construction processes, and overseeing interfaces between trades.

Question 49

What happens when you grant PC?

Answer 49

A final inspection to confirm work is complete and meets contract standards.

Issuing the Practical Completion Certificate.

The client can occupy the premises.

Client can no longer cliam liquidated damages

The, defects liability period begins.

Half retention money may be released.

Question 50

What is Hertzberg’s theory

Answer 50

Herzberg’s Two-Factor Theory proposes that two sets of factors influence job satisfaction: hygiene factors and motivators.

Hygiene factors, like salary and working conditions, don’t motivate but can cause dissatisfaction if inadequate.

Motivators, like achievement, recognition, and growth, can create satisfaction and enhance motivation when present.

Question 51

What are partnering agreements.

Answer 51

Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract.

A partnership agreement is a contract between all parties involved in starting a partnership structured business. The contract covers the rights & responsibilities of each partner.

Question 52

What are the key advantages of partnering?

Answer 52

Improved communication, risk sharing, enhanced teamwork, better predictability of time and cost;

Question 53

What are the key disadvantages of partnering?

Answer 53

Requires high level management time and dedication to be successsful; partnering principles should be careful not share risk which is allocated to parties elsewhere; If the relationship between the employer/supply chain is too close, there is a risk that the employer can become increasingly involved in the results of shared decisions and therefore becomes less able to provide oversight, compared to a traditional ‘arms -length’ relationship;

Question 54

What is a framework agreement?

Answer 54

Framework agreements are widely used in the construction industry: a framework agreement is an umbrella agreement that a party enters into with one or more suppliers (who may be contractors, sub-contractors, suppliers or consultants) to establish the terms governing a long term relationship during which one or more contract may be awarded by the employer to such supplier(s).

Question 55

How long can a framework be?

Answer 55

The maxmimum framework agreement term is 4 years as set by the Public Contracts Regulations 2015.

Question 56

What are the key advantages/disadvantages of framework agreements?

Answer 56

Advantages: Streamlined procurement, cost savings, flexibility.
Disadvantages: Limited competition, potential for unclear requirements.

Question 57

What are the roles and responsibilities of the CA

Answer 57

Reviewing and issuing instructions (CAI’s), authorising interim payments, reviewing extension of time requests, certifying section and practical completions.

Question 58

What are the RIBA stages?

Answer 58

Stage 0: Strategic Definition.
Stage 1: Preparation and Briefing.
Stage 2: Concept Design.
Stage 3: Spatial Coordination.
Stage 4: Technical Design.
Stage 5: Manufacturing and Construction.
Stage 6: Handover.
Stage 7: Use.

Question 59

What are the key deliverables at RIBA 0

Answer 59

Strategic definition

1) Client / employers requirements
2) Business case for the project

Question 60

What are the key deliverables at RIBA 1

Answer 60

confirming objectives, developing the project brief, assessing feasibility, conducting site surveys, consulting stakeholders, and creating initial design concepts

Question 61

What are the key deliverables at RIBA 2

Answer 61

Developed project brief
Signed of RIBA stage report
Project strategies
Outline specification
Cost plan

Question 62

What are the key deliverables at RIBA 3

Answer 62

Signed of RIBA stage report
Project strategies
Updated outline specification
Updated Cost plan
Planning application

Question 63

What are the key deliverables at RIBA 4

Answer 63

Manufacturing information
Construction information
Final specification
Project stratgeies
Building regulation approvals

Question 64

What are the key deliverables at RIBA 5

Answer 64

Building manual, H&S file and Fire Safety Information
Proactical completion
Asset information

Question 65

What are the key deliverables at RIBA 6

Answer 65

Feedback on project performance
Final certificates
Post occupancy evaluations

Question 66

What are the key deliverables at RIBA 7

Answer 66

Feedback on post occupancy evaluation
Updated building manual and H&S file
If necissary, any updates to fire strategy info

Question 67

Give examples Rule 1
M&F must be honest, act with integrity and comply with their professional obligations, including those to the RICS

Answer 67

1) don’t mislead others by their actions or omissions

2) don’t allow yourself to be inproperly influenced by others

3) identify actual and potential conflicts of interest

4) give objective, honest, reliable and relevant advice

5) be transparent with fees

6) be transparent with fees and money

7) protect confidential information

8) don’t facilitate crime

Question 68

Give examples of Rule 2
Maintain your professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Answer 68

1) only undertake work you have relevant skills and resources to carry out competently

2) supervise employees to ensure they are carrying out work with necessary skills

3) check contractors have the necessary skills

4) comply with RICS CPD hours (20 annually)

Question 69

Give examples of Rule 3
Members and firms must provide good quality and diligent service

Answer 69

1) understand your clients needs and objectives

2) agree scope of works, limitations and time scales

3) undertake work in timely manner with care, skill and diligence.

4) communicate in a way your client can understand

Question 70

Give examples of Rule 4
M&F must treat others with respect and encourage diversity and inclusion

Answer 70

1) do not discriminate as per the 9 protected characteristics

2) don’t bully, victimize or harass

3) check your supply chain for compliance with modern slavery or abuse

4) report abusive/illegal behaviour

Question 71

Give examples of Rule 5
Act in the public interest take responsibility for actions and act to prevent harm and maintain public confidence in the profession

Answer 71

1) Question practices and decisions that they suspect are not right

2) support members and colleagues who have acted in good faith

3) ensure public statements do not undermine the profession

4) Deal with complaints Swiftly and professionally

5) cooperate with investigations