Summary of Experience Laws/Regs Flashcards
(37 cards)
What is the RICS Complaints Handling Guidance Note 2016?
RICS advice on Complaints Handling Procedure.
Includes:
Notify insurers
CPH should be issued in TOE
Complaints log maintained
CHP and ADR must be RICS approved.
What is in the RICS Guidance Note Surveying Safely 2019?
Firms must ensure:
Provide safe working environment
Safe work equipment
Safe systems of work
Competent staff
Individuals must take responsibility for their own and other safety.
Also includes guidance for assessing hazards and risks and for site visits.
What is in the Health and Safety at Work Act 1974?
Employers duty to ensure the health and safety of employees at work.
Must report injuries and dangerous occurrences
Must undertake, record and review risk assessment
H&S info must be available on site.
What is the role of CIPFA?
Chartered Institute of Public Finance and Accountancy.
They are the local government accounting standard setter. They can provide advice and guidance and undertake audits. They can help local governments develop financial plans.
What are the specificities of Local Authority Accounting?
Lots of challenges due to reduction in budgets over last 15 or so years. Lots of difficulties with health and social care costs spiralling. There is increased pressure on development to bring income to the Council through rents, business rates and capital receipts from selling land and property.
Increased public scrutiny and budgetary pressures means I need to ensure I accurately report any expenditure and income including dates.
What is in the Council’s Our Manchester Strategy?
Is the Council’s strategy 2016-2025 that outlines broad ambitions and targets as well as the behaviors and methods required to achieve them.
Key priorities include: Skilled city, thriving and sustainable city, connected city, liveable and zero carbon city.
What are the methods of Alternative Dispute Resolution?
Mediation - neutral who facilitates discussion between parties
Arbitration - Specialist who makes a decision the parties are bound to
Independent expert - Expert appointed to investigate dispute and receive evidence to make a binding decision.
What does the RICS Dispute Resolution Service do?
Provides impartial solutions for resolving disputes. Can assist with ADR by assigning arbitrators and specialist experts. Helps to ensure transparency and more cost effective than court proceedings.
What is in the RICS Professional Statement Conflicts of Interest, 2017?
Establishes 3 types of conflict - party, own interest, confidential info.
How to handle conflict
1. Avoidance - refuse instruction
2. Written advice to parties, seeking informed consent
3. Conflict management - plan agreed with all parties.
What is in the Data Protection Act 2018?
GDPR is European, Data Protection Act Formalises UK data protection standards. Includes
Right to access what personal data is held and erasure
Data security breaches need to be reported to information Commissioners Office within 72 hours
Obliged to conduct data protection impact statements for high risk holding of data.
What are the Council’s policies on Data management and storage?
Follows in line with Data Protection 2018.
Council required to have highest standards of information security.
Recognise mistakes can be made but to report them nd further training or reviews of practices can be made.
Within the development team we can only order deed packets directly from Legal Records and it will remain under our name. They must be locked and secured away and returned when no longer required,
What does GDPR mean for your work?
Need to ensure information is used fairly, lawfully and transparently. Used for a specified purpose and only for what is necessary and kept no longer than necessary.
What do FOIA regulations mean for your work?
As a public body we are under a lot of scrutiny and receive a lot of FOIA requests so I need to abide by Council policy and ensure I adequately document all my work and upload detailed information onto the Case Management system to ensure there is a paper trail for my cases. In the past I dealt with a response to FOIA request regarding the Council’s role in the development of fields in Chorlton. I had to scrutinise our records, and correspondence, consult with legal colleagues and draft an appropriate response to the request.
What is in the Equality Act 2010?
Equality act outlines the 9 protective characteristics, including, sex, race, religion, age, disability.
It provides protection against a wide range of discrimination and inequality including in the use of property and dealing with people. For example it requires property owners or managers to make reasonable adjustments for disabled people and they cannot discriminate or victimise an occupier.
What are Equality Impact Assessments?
It is a tool to help organisations ensure that their policies, practices and decision making processes are fair. They are used for larger developments and schemes to ensure that proposed developments have regard for the effect that the proposal will have on protected groups.
What did you do in the Let’s Talk About Race Training?
Learnt about unconscious bias and how to recognise and address it. Learnt how it is related to ingrained associations we make influenced by childhood, upbringing and work and social environments. Everyone has them and they can effect how we interact with others. We learnt about how we prevent them impacting our decision making by opening up decision making through discussions with other groups and consultations which I do community engagement and raise issues with local members and Neighbourhoods team on many projects.
How does the National Planning Policy Framework ensure inclusive designs?
It includes advice that spaces should promote health and well being with a high standard of amenity for all users, not just those that can afford it. It also advises good practice to create buildings and places that are accessible for everyone without unnecessary physical barriers.
What is the role of surveyors in achieving zero-carbon?
Helping to support reduction of carbon emissions across the lifespan of buildings, through the construction, use and demolition phases.
Retrofitting buildings to reduce energy consumption like insulation
Supporting projects that use green construction methods and materials
Supporting installation of renewable energy sources
Carbon offsetting
opting for refurbishment of buildings rather than demolition and construction when possible.
What are the Minimum Energy Efficiency Standards?
Currently the minimum rating for rented buildings is E, but the government have proposed to increase this to C by 2030. They are a measure of a buildings energy efficiency.
What is BREEAM Building Certification?
BREEAM is a tool to rate new and refurbished buildings and assess its impact on 9 environmental weightings including energy consumption, water use, transport links, waste management and health and wellbeing.
What is in the RICS Property Measurement 2nd Ed 2018?
Introduced mandatory international property measurement standards to improve consistency. IPMS - members are encouraged to report on a dual basis until IPMS is embedded as standard. Members should also advise clients of the benefits of IPMS.
States it is mandatory to data measurements, state methodology, state conversion factor
What is in the RICS Code of Measuring Practice 6th Ed 2015?
It is still the best practice for for measurements except offices and residential buildings where IPMS is best practice. It provides precise definitions to ensure a common and consistent approach to measurement.
What are the RICS Valuation Global Standards 2022 (Red Book) and why should it be followed?
The red book establishes the standards that should be used for all valuations except for a handful of exceptions such as internal uses. It outlines the requirements for terms of engagement, valuation reports and provides mandatory guidance, rules and definitions and ensures valuations are done to a high standard and meet demands.
What are key elements of the L&T Act 1954 and what are the provisions set out in Sections 24-28 on renewal procedures?
The act provides security of tenure to business tenants, giving them greater rights to lease renewals and remaining in occupation at the end of the lease. The provisions establishes when the act does and doesn’t apply as well as the rules for submitting notices for granting or opposing new leases and requesting new tenancy or desire to leave.
