All Competencies Flashcards

Question

What is the RICS guidance on Health and Safety? Is it mandatory?

Answer 1

RICS Surveying Safely 2018 Guidance - not mandatory

Answer 2

When the member/firm are satisfied that - proceeding is in all parties best interest - it is not illegal - objective, competent, and diligent service can still be provided.

Answer 3

- timesheet and expenditure records - project reviews - Team meetings for resource planning - Performance reviews / appraisals

Answer 4

RICS professional statement 'Conflicts of Interest' 2017 The RICS ethics tree

Answer 5

1. Create client account 2. Provide statement of account 3. Agree and inform of drawdowns 4. Provide statement rationalising drawdowns 5. Provide final statement on completion

Answer 6

- Met client to discuss change in scope - Provide cost estimate, in writing, for additional work - Confirmed new total fee account proposed - Offered further discussion if required - Awaited consent before proceeding

Answer 7

Companies Act 2006

Answer 8

- Anti Money Laundering policy - Conducts AML risk assessments - Adopt internal controls and procedures - Provide Staff Training - Client ID procedures - Keep good records

Answer 9

An account holding client money under complete control of an RICS firm/member. Discrete (1 client) General (more than 1) - keep client money safe - use accounts appropriately - ensure controls & procedures are in place

Answer 10

- Maintain exclusive control over client accounts - ensure no other money is held in that account - ensure 'client' and the firms name are specified in the account name - ensure money is immediately available to the client - Provide banks operating conditions

Answer 11

- Keep records of all transactions - ensure all transactions align with client instructions - publish money handling procedures on website - prevent overdrafts & rectify any immediately - have adequate data protection in place

Answer 12

- Reduced social inequality - Reduced cost on adaptations long-term - Attracts a diverse group of users - Improved economic development

Answer 13

Depends on previous years turnover - - less than £100,000 = £250,000 - £100,000 - £200,000 = £500,000 - Over £200,000 = £1,000,000

Answer 14

- Insurance - Business Plan - H&S Policy - Complaints Handling Procedure - Bank details - Website & Email Address - Staff Contracts

Answer 15

Bell Ingram Data Protection Policy Held for duration of business relationship, + 1 year Held for up to 6 years to protect against legal risk

Answer 16

1) Identify and manage Conflict of Interest 2) Keep records of decision making & measures implemented to avoid them

Answer 17

- Consult the RICS ethics tree - Consult my firms anti-bribery policy - Consult RICS professional statement 'Bribery, Corruption, Money Laundering & Terrorist Financing' Feb 2019

Answer 18

Act Honestly - Inform Client - Inform Manager Act Diligently - Contact recipient & Ask to delete or destroy information Take Responsibility - Learn lessons - Deal with complaints as appropriate

Answer 19

Consent given by any party who may be impacted by a Conflict of Interest that they understand: - there is a conflict of interest or a risk of one - The RICS firm knows and understands this - What it is or may be - The Conflict of Interest may inhabit the RICS Firm But remains happy for them to proceed

Answer 20

- Paper Files in lockable cabinets - Folders, documents & external storage devices are encrypted - Two-Stage Authentication - Limited access to SharePoint

Answer 21

Gifts must be proportionate and not used as a reward to gain an advantage I would politely decline, log this in the firms gifts & hospitality register and if I was concerned about bribery, report to the manager.

Answer 22

I would ensure I am sufficiently knowledgeable, skilled and competent to carry out the work I would check for any conflicts of interest I would ensure the sufficient PII insurance was in place to cover the value of the instruction.

Answer 23

I would - - Notify them that the complaint has been received and that we are working to rectify this. - Issue a copy of my firms complaint handling procedure - Report the complaint to the designated complaints handler - Meet the client to receive feedback and address any areas of concern - And if I was unable to resolve the complaint, I would refer this to the RICS.

Answer 24

I would - - Inform clients of the conflict of interest and the risks associated with this - Request a letter of instruction from them to continue - Put measures in place to minimise potential risk, such as NDA's, separate working locations, and secure storage of data.

Answer 25

Diversity in the work place relates to the acceptance and inclusion of employees of all backgrounds.

Answer 26

February 2022

Answer 27

Record 20 hours of CPD every year, where a minimum of 10 have to be formal.

Answer 28

The RICS Valuation – Global Standards, the red book, provides a global framework of standardized valuation procedures and standards that are necessary for installing consistency, high standards and public trust in valuation.

Answer 29

- Introduction - Purpose & Basis of Valuation - Assumptions & Special Assumptions - Property Description - Valuation Date - Market Commentary - Evidence - Signatures

Answer 30

Legal and accounting procedures such as: - Probate - Capital Gains Tax - CPO's - Divorces - Property Disputes - Sales by Charities or NPO's - Valuation of Bank, Mortgage or Lending Securities

Answer 31

- Advice given during negotiations or litigation - Internal use with no liabilities - Performing statutory functions - When acting as an expert witness

Answer 32

- Valuer & Client Details - Valuation date & subject - Basis and Purpose of Valuation - Assumptions & Special Assumptions - Fees - Complaints Handling Procedure

Answer 33

- Establish the purpose of the valuation - Identify if it is a Red Book valuation or not - Check for conflicts of interest - Check for legal requirements - Check for 3rd Party Interests - Ensure the sufficient PII is in place.

Answer 34

I would have carried out a dynamic risk assessment - continually re-evaluate to determine competence and safety. - If there was unsafe conditions, I would immediately stop, seek assistance and rearrange.

Answer 35

- Carried out a Desk Top Review - Studied the lease / agreement - Carried out a risk assessment - Printed out plans - Ensure I have the appropriate PPE.

Answer 36

- Carried out Desk Top Due Diligence & A Risk Assessment - Planned Travel Routes - Checked the weather forecast - Charged my mobile phone - Kept colleagues informed of my whereabouts - Asked the client / tenant of any potential risks, e.g. livestock

Answer 37

- Identified hazards and risks - Who may be harmed and how - Mitigation strategy - Who is responsible - Actions required - dates - location - contact details

Answer 38

- Comparable method - Depreciated Replacement Cost Method - Investment method - Profits method - Residual method

Answer 39

Stokes v Cambridge (1961) - A claim for compensation for land under a CPO - Access to the land was a ransom strip - Court held that an appropriate purchase price was to be attributed to the ransom strip - 33% of the increase in value of the subject land attributable to the acquisition of the ransom strip

Answer 40

A ransom strip is a piece of land that must be crossed to enable adjoining land to be developed.

Answer 41

The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm's length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

Answer 42

Assumptions are conditions or situations affecting the property which (by agreement) are assumed to be true. Special assumptions assumes facts that differ from actuality, are true.

Answer 43

A comparable which is similar in - - Size - Nature - Ownership - Location - Disposal method As close to the valuation date as possible.

Answer 44

The residual method of valuation establishes how much a developer should pay for a site with development potential. The residual method of valuation calculates the gross development value, minus the associated development costs and the developers profit.

Answer 45

VPS1 - Terms of engagement VPS2 - Inspection, investigation and records VPS3 - Valuation reports VPS4 - Bases of Valuation, assumptions, special assumptions VPS5 - Valuation approaches and methods

Answer 46

A buyer for whom an acquisition has special value not available to others in the open market.

Answer 47

Assumptions - Conditions or situations affecting the property which (by agreement) are assumed to be true Special Assumptions - Assumes facts that differ from actuality, are true

Answer 48

- Market Value - Market Rent - Investment Value - Equitable Value - Synergistic Value - Liquidation Value Red Book VPS4 & IVS 104

Answer 49

Similar in: - Size - Nature / Condition - Ownership / Tenure - Geographical distance / Location - Disposal method As close to the Valuation Date as possible

Answer 50

The comparable method of valuation provides an indication of value through obtaining comparable evidence.

Answer 51

The profits method of valuation establishes the trading potential of a business in trade related properties, such as a cinema or hotel. The profits method calculates the gross annual income, minus all associated costs, and them multiplies by the relevant multiplier.

Answer 52

The depreciated replacement cost method of valuation provides an indication of value based on a buyer paying no more or less than the cost to obtain the asset based on the current equivalent. It is often used to value properties where this is no active market, such as a mosque. The depreciated replacement cost method of valuation is calculated by identifying the cost of building the equivalent building, plus the cost of purchasing the land.

Answer 53

Hope Value is a term used to describe the market value of land based on the expectation that planning permission will be granted to develop on it.

Answer 54

Marriage value is the extra value that arises from the merger of 2 physical or legal interests.

Answer 55

Special value is an extraordinary element of value over and above market value.

Answer 56

A notice which allows access for site investigation works. 7-day notice period.

Answer 57

- Consideration - Access rights - Works/Usage - Vacant Possession - Fees - Premises with a plan reference

Answer 58

Gives access to either construct new apparatus - 3 month notice period or access for maintenance or replacement of apparatus - 42 day notice period

Answer 59

Powers to lay pipes in the street

Answer 60

Water = Water Industry Act 1991, s.155 Electricity = Electricity Act 1989, schedule 3 Gas = Gas Act 1986, schedule 3

Answer 61

- A terminable agreement linked to the owners or occupiers, rather than the land itself. - right of access across the land to install or maintain apparatus. - Not binding on successors.

Answer 62

- Also referred to as a Deed of Grant, a permanent agreement linked to the land itself rather than the owner or occupier. - Grants permission for specified activities, such as rights of way, rights to construct, maintain, replace and repair.

Answer 63

A wayleave is a terminable agreement with the owner or occupier, not with the land itself and is not binding on the successors. An easement is a permanent agreement against the land itself, is on the land title and is binding with the successors.

Answer 64

- measures implemented to reduce the impact of the works carried out. - This can include passing places, stock-proof fencing, new access roads.

Answer 65

Right to lay, install, maintain, replace, and repair infrastructure.

Answer 66

A licence is a personal right to use land and is not transferable.

Answer 67

A lease is an interest in land. Interests in land are transferable.

Answer 68

A licence is a personal right to use land and is not transferable A lease is an interest in land, and is transferable

Answer 69

A legal agreement which prevents someone from carrying out certain acts on their property. E.g. They can't build on it.

Answer 70

A registered interest in the land which incorporates all restrictions on the land, the registered proprietors details as well as the leasehold interests.

Answer 71

Sets out the main powers and duties of the water and sewerage companies, and, Gives powers to construct and maintain water/wastewater apparatus by service of notice under the act.

Answer 72

CPO for land acquisition, although this is often purchased by agreement.

Answer 73

Compensation is assessed in accordance with schedule 12 of the Water Industry Act 1991

Answer 74

- Often based on Rydes Scale - Also can be based on an hourly rate agreed with by the Client.

Answer 75

Governs the supply and distribution of electricity

Answer 76

If they cannot reach an agreement with a landowner voluntarily, an operator can apply for a necessary wayleave. They must provide evidence as to why it is needed and this must be granted by the Secretary of State.

Answer 77

Where an agreement through negotiation can not be reached, Secretary of State has power under schedule 3 and Section 10 of the Electricity Act 1989 to compulsory purchase the rights.

Answer 78

statutory consenting process, granted by the Secretary of State, to install and keep installed overhead electric lines.

Answer 79

Rates are not statutory, they are guidelines. Based on their own fee scales.

Answer 80

Governs the supply and distribution of gas. I haven't been involved with any instructions surrounding the Gas Act. I am aware that statutory powers are limited in comparison to the Water Industry Act 1991. I am aware that usual practise is to secure rights through voluntary agreement. I am aware that powers within the Gas Act 1986 to compulsory acquire land or rights is available through schedule 3, which has to be authorised by the Secretary of State.

Answer 81

Powers within the Gas Act 1986 to compulsory acquire land or rights. Must be granted by the Secretary of State.

Answer 82

National Grid ZP & ZPA - Painting of towers - accommodation works and access routes to minimise disturbance and damage - Maintaining communication with landowners through the scheme - Negotiating and settling compensation claims Utkinton WwTW - Topographical and borehole surveys - s.168 served to landowners and agents - Compound area - Negotiated and agreed licence terms with landowner and agent

Answer 83

SPEN AG Line: - Replacement of conductors - Field had lots of horses and no alternative location for them to go - Agreed access route along the perimeter of the field - advised that post and rail fencing would be required for health and safety purposes. Duddon WwTW: - purchase for improvement works of an existing asset - Tight timescales - I advised that the purchase wouldn't complete in time, and that a licence would be needed to gain rights to the land until it did. - Successfully negotiated 2 licence agreements, 1 for the purchase area and 1 for the compound, and agreed terms for the purchase and HOT's were issued

Answer 84

SPEN AG: - Post and Rail fencing required for health and safety purposes - lots of horses in the field and no alternative location for them Duddon WwTW: - Advised a licence would be required to obtain rights to the land until the purchase completed

Answer 85

National Grid ZP & ZPA - Painting of towers - accommodation works and access routes to minimise disturbance and damage - Maintaining communication with landowners through the scheme - Negotiating and settling compensation claims

Answer 86

Utkinton WwTW - Topographical and borehole surveys - s.168 served to landowners and agents - Compound area - Negotiated and agreed licence terms with landowner and agent

Answer 87

SPEN AG Line: - Replacement of conductors - Field had lots of horses and no alternative location for them to go - Agreed access route along the perimeter of the field - advised that post and rail fencing would be required for health and safety purposes.

Answer 88

Duddon WwTW: - purchase for improvement works of an existing asset - Tight timescales - I advised that the purchase wouldn't complete in time, and that a licence would be needed to gain rights to the land until it did. - Successfully negotiated 2 licence agreements, 1 for the purchase area and 1 for the compound, and agreed terms for the purchase and HOT's were issued

Answer 89

Notices must be valid: - issued to the correct registered owner and occupier at their current address

Answer 90

Development Consent Order: Means of obtaining planning permission for a Nationally Significant Infrastructure Project under the Planning Act 2008.

Answer 91

Under Part 1 - Owners, lessees, tenants, occupiers (Book 1) Under Part 2 - Mortgages, restrictive covenants, trustees (Book 2)

Answer 92

- Land Taken - Disturbance - Loss Payments - Severance & Injurious Affection

Answer 93

Certificate of Appropriate Alternative Development - determines what site could be used for in a no scheme world - application through local council & can be positive (to prove) or negative (to disprove)

Answer 94

Non-statutory arrangements for AA to sell surplus land back to owners if bought using statutory powers.

Answer 95

1961 Act establishes the 6 rules of assessing compensation (Land Taken) 1973 Act defines the right to compensation if impacted by the use of the works (No Land Taken)

Answer 96

- Checking Land Registry documents - Issuing questionnaires - Erecting site notices for unregistered land

Answer 97

For claims under Section 10 Compulsory Purchase Act 1965 Injurious Affection compensation when land is not taken, but impacted by the execution of the works 1) The Injurious Affection must be the Consequence of lawful exercise of statutory powers 2) The Injurious Affection must arise if done without Statutory powers 3) The value of the land must be directly affected by physical interference with some legal right that the claimant is enititled to make use of in connection with their property 4) Damage arises from execution of the works and not from the use

Answer 98

Notice stating on AA's willingness to negotiate for a purchase & compensation. 3 steps - 1- a notice to treat 2 - a notice of entry 3- a conveyance Possible to gain possession and start development earlier than under a General Vesting Declaration. Usually 21 days to respond Can be withdrawn, served on whole or part of the property Entry can be 3 months from the service of a Notice of Entry

Answer 99

- Temporary or permanent loss of profits - Loss of crop - Reinstatement of land - Relocation cost - Reasonable legal / surveying fees

Answer 100

Taking account of actual or prospective planning permission in valuing land subject to compulsory acquisition.

Answer 101

Injurious Affection - - Compensation for depreciation of value of retained land arising from statutory works. - Claimable under S.10 1965 Act - Eligibility determined by the McCarthy Rules Severance - Severance occurs when the retained land is severed from the rest of the property and therefore loses value.

Answer 102

Compulsory purchase powers are provided to enable acquiring authorities to compulsorily purchase land to carry out a function which has been decided is in the public interest.

Answer 103

You should be no better or worse off in financial terms after an acquisition than you were before.

Answer 104

1 - Compensation where land is taken 2 - Compensation where no land is taken

Answer 105

The value of the land taken that is to be negotiated

Answer 106

This is where compensation is payable when no land is taken but when statutory powers are exercised.

Answer 107

This represents the costs and losses incurred as a result of being disturbed from the occupation of the property.

Answer 108

This is the opposite of injurious affection. There may be instances where the scheme of the acquiring authority may increase the value of the retained land.

Answer 109

This is based upon what the land might be expected to realise if sold in the open market by a willing seller.

Answer 110

This is where the effect of the scheme underlying a CPO is required to be disregarded in assessing compensation.

Answer 111

Severance is when the land acquired contributes to the value of the land which is retained, so that when severed from it, the retained land loses value.

Answer 112

Injurious affection is the depreciation in value of the retained land as a result of the proposed construction on, and use of, the land acquired by the acquiring authority for the scheme.

Answer 113

This is an additional sum to reflect and recognise the distress and discomfort of being compelled to move out of a persons home. Section 29-33 of the Land Compensation Act 1973

Answer 114

If Betterment exists, you would look to offset the increase in value against the compensation that is payable in respect of the land acquired.

Answer 115

1 - A reduction in the value of land caused by the execution of public works. 2 - A reduction in the value of land caused by the subsequent use of public works.

Answer 116

The use of the phrase “without prejudice” indicates that the communications is privileged and is not admissible as evidence against the party making it.

Answer 117

This is where a landowner is unable to sell their property or can only sell it at a substantially reduced price as a result of the CPO.

Answer 118

This is when a landowner serves a blight notice on the acquiring authority seeking them to purchase the land at open market value.

Answer 119

A notice served by a landowner on the AA requiring them to purchase land where planning permission has been refused and the landowner claims the land is incapable of reasonable beneficial use.

Answer 120

1 - Land taken 2 - Severance and injurious affection 3 - Disturbance 4 - Fees

Answer 121

Any special suitability of the land taken for the purpose of the acquiring authority is not to be taken into account. Exclude any increase or decrease in value of the land due to the scheme. Pointe Gourde Quarrying Co Limited v Sub Intendant of Crown Lands [1947]

Answer 122

This is where the effect of the scheme underlying a CPO is required to be disregarded in assessing compensation.

Answer 123

National Grid ZP & ZPA: Steelworks replacement scheme Settling compensation, covering costs such as disturbance, landowners time, reinstatement, and crop loss. All claims evidenced by quotes or the agricultural budgeting and costing book. HS2 - Affected Landowner: Assisted with Blight Notices. Landowner received letter from HS2 stating intention to serve a CPO on his commercial property, but was never actually served. Landowner enquired about right to claim losses. HS2 cancelled but link was still to be acquired for another project. No claim was to be considered for a commercial property until formal CPO notices were served.

Answer 124

Pipeline Easement Renewals CPO: drafted CPO schedule - advised all landowner details needed to be up-to-date and titles ordered over 3 years ago would not be sufficient. Identified unregistered areas and advised that notices would need to be erected on-site to establish landowner details. Produced an online landowner questionnaire to confirm additional interests and details. National Grid - Sheffield Cables: CPO for new land and rights for a 275kV electricity cable Assisted in drafting CPO schedule in table 2 Issuing Notices of Making Erected and checked notices on site on a weekly basis Removed once objection period had expired Informed Client and confirmed CPO compliance Worked with senior colleagues to liaise with the objectors in an effort to resolve any concerns and enable objections to be withdrawn prior to the inquiry.

Answer 125

Pipeline Easement Renewals CPO: Advised landowner details needed to be up-to-date and titles ordered over 3 years ago weren't sufficient. Advised notices needed to be erected to establish unregistered land parcels. Sheffield Cables: Advised the Client that notices had been erected, removed and have been in compliance with CPO guidance.

Answer 126

The notices of the making of the CPO invite submissions to the confirming authority.

Answer 127

- Must be in writing - within objection period stipulated in the notice (at least 21 days from the date of notice) - Inquiry held once objection period has expired

Answer 128

Both are very similar, but a General Vesting Declaration can obtain the title more quickly but can take longer to gain possession and for development to start. A notice to Treat has a longer process to obtain the title, but can possibly gain possession and start development earlier than a General Vesting Declaration.

Answer 129

Surveyors Advising in Respect of Compulsory Purchase and Statutory Compensation (2017)

Answer 130

- I advised to remove a clause stating that should the tenant give them a written notice of failure to carry out work they are required to do under the agreement, that the Tenant is to do the work and recover the reasonable cost from the Landlord. - The term of the agreement was changed from 1 year to 5 years to enable the Cheshire Wildlife Trust to be eligible for the Countryside Stewardship scheme.

Answer 131

- They asked for Holly Bank House to be excluded from the agreement as this was not relevant to the FBT. - They requested for "fences" to be taken out of the clause whereby it is stated that the Tenant is not allowed to remove X, Y and Z. - They requested for the agreement to state that although maintenance off the field drains is their responsibility, it is to be paid for by the Landlord.

Answer 132

Serve a notice to quit, in writing, under section 5 of the Agricultural Tenancies Act 1995, unless the term is 2 years or less. This needs to be served at least 12 months before the expiry date. If the agreement is 2 years or less, it will expire at the end of the fixed term.

Answer 133

- Names of parties - Address of the Property - The term - The rent - Leaseholder obligations - Freeholder obligations

Answer 134

The right of a tenant to occupy the property after the lease expires

Answer 135

AHA - - an agreement under the Agricultural Holdings Act 1986 - an agreement which started prior to the introduction of the Agricultural Tenancies Act 1995 and FBT agreements - Enjoy long term security of tenure - Can be a written or an oral agreement FBT - - An agreement under the Agricultural Tenancies Act 1995 - Doesn't enjoy security of tenure - Has to be a written agreement

Answer 136

Allows for 2 succession tenancies. The rules changed in September 2024 surrounding the tests of suitability and eligibility.

Answer 137

A Contract Farming Agreement

Answer 138

Either, - A 3 month written notice, or - a 14 day written notice should he have breached a condition of the agreement, e.g. persistent late payments Both are subject to payment of compensation from the Landlord for crops in the ground.

Answer 139

A clause which allows an agreement to be terminated on the basis that there has been a breach of contract, such as non-payment of rent.

Answer 140

Where a Tenant remains on occupation at the end of a Tenancy. Until the Tenancy is terminated under s.24 of the Landlord and Tenant Act 1954, the Tenant has the right to remain in occupation on a year to year basis and on the same terms of the old tenancy.

Answer 141

S.25 - Landlord serves a notice of termination S.26 - Tenant requests a new tenancy S.27 - Tenant serves a notice of termination S.28 - Landlord and Tenant agree terms for a new tenancy

Answer 142

S.25 - Landlord serves a notice of termination Must be served at a minimum of 6 and a maximum of 12 months notice.

Answer 143

S.26 - Tenant requests a new tenancy

Answer 144

S.27 - Tenant serves a notice of termination

Answer 145

S.28 - Landlord and Tenant agree terms for a new tenancy

Answer 146

The Landlord and Tenant need to exchange Section 1 notices under the Agricultural Tenancies Act 1995.

Answer 147

No statutory procedure, is up to the parties as to what is agreed in the terms of the agreement.

Answer 148

The previous FBT agreement was on a yearly basis. The increased term to 5 years allowed for the Cheshire Wildlife Trust to be eligible for the Countryside Stewardship scheme. This is a grant which provides financial incentives to farmers, foresters and land managers to look after and improve the environment.

Answer 149

Client was looking to sell the estate, and didn't want to risk any potential issues with the purchase process, such as the FBT being argued as not being signed properly.

Answer 150

- Changed to the updated name and address of the landlord / company - Removed clause for rent arrears to be paid on a prescribed rate until the date when payment is made - Removed clause that the landlord shall perform it duties and obligations as lessee under the superior lease

Answer 151

It was contracted in and had / has security of tenure.

Answer 152

The rent was agreed based on a Rental Price Index uplift on a yearly basis.

Answer 153

No major risk as they had security of tenure. The new lease was amended to allow the club to keep up with their league requirements, and provided a long enough term to raise grant funding. It also enabled the council to allow the local residents to use the car park.

Answer 154

Residential and Business

Answer 155

Contracted in = Security of Tenure Contracted out = No security of tenure

Answer 156

s.25 notice - Landlord serves notice of termination s.26 notice - Tenant requests a new tenancy s.27 notice - Tenant serves notice of termination

Answer 157

Generally it is up to the parties as to what is agreed within the agreement.

Answer 158

A s.25 notice under the Agricultural Holdings Act 1986 - A notice to quit.

Answer 159

Less than 2 years = ends at the end of the agreement term 2+ years = If no notice is served, it becomes a yearly FBT agreement To terminate the agreement, a notice to quit needs to be served, in writing, and with a minimum of 12 months notice, under section 5 of the Agricultural Tenancies Act 1995. If a Break Clause is included within the FBT, this is also a provision which enables either the Landlord or the Tenant to end the tenancy early.

Answer 160

Landlord serves a section 1 under the Agricultural Tenancies Act 1995 - A notice to create - which confirms the Landlords intention to create a FBT under the Act. The Landlord and Tenant must exchange section 1 notices to satisfy the "notice creation" within the 1995 Act.

Answer 161

Unless stated otherwise, the Agricultural Tenancies Act 1995 provides for rent reviews to take place at 3 yearly intervals. Parties can negotiate their own rent review terms. Landlord can serve a section 10 notice under the 1995 Act, also known as the statutory review notice, to initiate the rent review process.

Answer 162

Section 12 of the Agricultural Holdings Act 1986 Landlord or Tenant can demand arbitration as to the "rent properly payable" by serving this notice. The new rent takes place from the earliest date of which the tenancy could have been terminated by a notice to quit.

Answer 163

A lease renewal is a statutory procedure laid down by the Landlord and Tenant Act 1954. In the event of non-agreement, the matter is settled by court. A rent review is a contractual procedure contained within a lease. In the event of non-agreement, the matter shall be settled in accordance with the review clause, which usually states that rent is determined by an Independent Expert or Arbitrator.

Answer 164

Residential and Business

Answer 165

s.25 notice under the Landlord and Tenant Act 1954 is a Landlords notice of termination.

Answer 166

The notice must be served between 12 and 6 months prior to the contractual end of the tenancy, or the date specified in the notice.

Answer 167

I would have: - Noted it and advised my client of this within the report - I would advise that any works to amend this was outside of my expertise - I would have advised my client to appoint a qualified specialist to progress this further

Answer 168

3 contractors were invited to tender for the works. All proposals were reviewed on a fair basis. The appointed contractor was competent to carry out the works and was also the best option from a financial perspective.

Answer 169

A Bank account set up to hold client money for a single client. When holding Client money, the account must: - only hold the clients money - name of the account must state the word "client" and the name of the firm in the title of the account - be immediately available to the client at all times - That it is not overdrawn

Answer 170

Procurement - either by Tender, Negotiation or Framework agreement With the Essar bathroom renovation, it was a tender. On the approved contractor database - Check insurances are up-to-date and the services offered are relevant. Not on the approved contractors database - Issue H&S for approved contractor form and confirmation of receipt of H&S handbook, then record on the approved contractors database. Then issue letter of appointment.

Answer 171

Outlines the principles for fairness and transparency underpinning all activities undertaken by property managers. It sets out standards surrounding: - Ethics - Securing and ending instructions - Managing Real Estate - Asset management - Lettings and Lease Renewals

Answer 172

A licence is a personal right to use land and is not transferable A lease is an interest in land, and is transferable

Answer 173

Was on a contract farming agreement. Either, - A 3 month written notice, or - a 14 day written notice should he have breached a condition of the agreement, e.g. persistent late payments Both are subject to payment of compensation from the Landlord for crops in the ground.

Answer 174

Landlord could choose to terminate the agreement. - A 3 month written notice, or - a 14 day written notice should he have breached a condition of the agreement, e.g. persistent late payments Both are subject to payment of compensation from the Landlord for crops in the ground.

Answer 175

- Contact the tenant and ask if they have paid. If they haven't, ask why. - If no response, visit the property and meet them face to face. - Notify the Client - Request to see some accounts - Identify the most appropriate method to proceed.

Answer 176

A general report which covers the condition of the property. The report covers the condition of property boundaries, fields, fences, outbuildings. Photographic evidence is also uploaded as evidence.

Answer 177

- Payment Plan - Guarantor - Draw down on Rent deposit - CRAR (Commercial Rent Arrears Recovery) - Statutory Demand - Surrender / Forfeiture

Answer 178

1) Collection of rent, service charges, and other sums 2) The management of the property

Answer 179

Dynamic Risk Assessment - Continually re-evaluate to determine competence and safety Unsafe conditions - - Immediately stop - Seek assistance - Rearrange

Answer 180

- Desktop Review - Study Lease - Arrange access - Risk assessment - Print out plans - PPE

Answer 181

- Desktop Due Diligence & Risk Assessment - Plan travel routes - Check weather forecast - Charge mobile phone - Keep colleagues informed - Ask the client or tenant about hazards, livestock, etc ...

Answer 182

- Came into effect in 2019 - Sets out best practise for H&S at work for management & surveyors - Safe Person Concept: Everyone has a responsibility for their own, their colleagues, and others safety at work Hierarchy of Risk Control: - Elimination - Substitution - Engineering controls - Admin controls - PPE

Answer 183

Occupiers Liability Act 1957 - Occupiers must keep visitors safe for the purposes of their visit Occupiers Liability Act 1984 - Occupiers owe people other than visitors a duty of care on their premises

Answer 184

RICS Global Standards (2022) - Valuation: VPS2 - inspection, investigations & records: 1) Inspection & investigation to verify information 2) Re-valuations must be inspected again (unless no material change is confirmed) 3) Accurate records must be kept on file

Answer 185

- Identify hazards and risks - Who may be harmed & How - Mitigation strategy - Who is responsible - Actions required - Dates, locations, & contact details

Answer 186

- confirm scope - request information - review any leases - contact occupier & organise access - Desk-top Due Diligence - Risk Assessment - Let colleagues know where I am & when

Answer 187

- against a steel ruler - check calibration records and add mine Errors occur when: - tape stretches over time / under tension - markings fade over time / human error

Answer 188

If a rate/m2 is applied, then whether internal walls/columns are included could impact the value If a measurement is incorrect, this can cause a valuation to not be accurate.

Answer 189

- Date of measurement - Method - Measurement basis - Plan with reference and scale - Units - Accuracy tolerance - Name of surveyor

Answer 190

Code of measuring practise 2015 - bases of measurement for all buildings except office/residual e.g. retail, industrial RICS Property Measurement 2018 - bases of measurement for offices & residual property.

Answer 191

GEA - Gross External Area GIA - Gross Internal Area NIA - Net Internal Area

Answer 192

International Property Measurement Standards (2023) Seeks to harmonise standards for measuring all building types

Answer 193

- Up to 2.5cm accuracy - Does depend on the location - Tolerance is displayed on the screen

Answer 194

RICS Property Measurement, 2018 Establish consistencies in property measurement to be adopted by governments and industry on a global basis

Answer 195

- Town planning - Council tax valuations - Building cost estimates for houses

Answer 196

- Industrial/warehouses, retail warehouses and food stores: * Estate agency * Rating * Valuation - Building cost estimates for commercial assets - New homes valuations

Answer 197

Shops/Offices: * Estate agency * Rating * Valuation

Answer 198

The clear height between the floor and the lowest point on the underside of the roof e.g. at the eaves

Answer 199

The measurement from the front to rear boundaries

Answer 200

- Tape measure - Rod - Laser device - Trundle wheel (used for measuring land)

Answer 201

- Check a known distance and record the measurements in a log - Send devices to be calibrated at least quarterly or if accuracy begins to deteriorate

Answer 202

Raster Data - Geographic data represented as a matrix of cells, each with an attribute. e.g. Pixels on an Ariel photo Not scalable Vector Data - Geographic data symbolised as points, lines, or polygons. e.g. Fence lines, ownership titles Scalable

Answer 203

Plans require: - Appropriate scale (1:1250, 1:2500) - Orientation (North Arrow) - Sufficient OS mapping background - Identifying location features (e.g. road name) - Scale Bar - Whole property - accesses - Property clearly defined by edging, colouring or hatching

Answer 204

- Meet with the client to understand concerns and explain methodology - Offer to remeasure with them - Ask if they had a preferred alternative method

Answer 205

- Reliable, reputable source - able to cross-check - up-to-date - Peer reviewed

Answer 206

Geographic Information System

Answer 207

Raster & Vector Data

Answer 208

GIS allows us to present clients with a visual representation of a scheme whilst storing important information through shapefiles. It is easy to navigate and increases the efficiency of a number of schemes. E.g. we can create a shapefile which accurately reflects the area of a property, whilst storing landowner information.

Answer 209

A Trimble device and wooden stakes.

Answer 210

The Act covers the different types of bribery, the different levels of punishment, and the procedures that organisations can put in place to prevent people associated with them from bribing.

Answer 211

This explains how we should not advise a client where doing so would involve a conflict of interest or the risk of a conflict of interest, unless prior informed consent has been provided.

Answer 212

The Data Protection Act 2018 is the implementation of GDPR, which controls how personal information is used by organisations and businesses, and highlights the data protection principles that must be followed when using or storing personal data.

Answer 213

The equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It covers different types of discrimination and what action can be taken.

Answer 214

The act sets out the various rules and regulations surrounding the construction and maintenance of buildings, and helps to ensure that the safety and wellbeing of occupants is protected.

Answer 215

The Health & Safety Act 1974 places a duty on employers to ensure that that health, safety and wellbeing of employees and other affected persons is not at risk, so far as is reasonably practicable.

Answer 216

1 - Placement 2 - Layering 3 - Integration or Extraction

Answer 217

Provides an overview of best practice for surveyors relating to health & safety.

Answer 218

A form of dispute resolution which includes an informal process involving a 3rd party mediator allowing both parties to a adopt a flexible approach in reaching an outcome allowing relationships to be maintained. The mediator has no legal authority and the process is not binding.

Answer 219

Similar to mediation in a supported style of negotiation, but if negotiations break down, the conciliator prepares a recommendation on how the dispute should be resolved. If there is no objection within a month, this becomes final and binding.

Answer 220

the process of settling disagreements between parties

Answer 221

A B.O.R sets out relevant land & Land interests, which are to be affected by a CPO.

Answer 222

a process which allows certain bodies ( ‘acquiring authorities’) to buy land or acquire third party rights to it without the consent of the owner.

Answer 223

A Farm Business Tenancy is an agreement between a landlord who owns agricultural land and a tenant who, by paying rent, exclusively occupies that land for the purpose of operating a farming business.

Answer 224

the property boundary is presumed to be on the opposite edge of the ditch from the hedge. If the hedge appears to belong to you within the legal title, it is presumed that you will also own the ditch on the other side.

Answer 225

A geographic information system used for creating, editing and analysing geospatial information.

Answer 226

Stands for Geographic information systems, and is a Geospatial system used to record, manipulate and display data

Answer 227

Governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes.

Answer 228

A deed of surrender is used when a tenant wants to end their tenancy agreement early and vacate the property.

Answer 229

- economic - social - environmental

Answer 230

My firm has its own policy not to accept cash payments so I would refuse.

Answer 231

If the gift is proportionate to the instruction, is at the end of the instruction and is not being offered unethically as an attempt to gain an advantage - Yes. And then record this on my companies gifts and hospitality register.

Answer 232

Ethics Policy: - In line with the RICS rules of conduct Anti-bribery: - In line with the RICS guidance, stating the process for if a bribe is identified, the consequences of bribery and the punishments associated.

Answer 233

1 - proportionality 2 - Accountability 3 - Consistency 4 - Targeting 5 - Transparency

Answer 234

Be honest & Act with Integrity - An agent had submitted an invoice for their fees that was lower than what it should have been based on Ryde's scale. I responded to inform them off this and requested that they sent a new invoice with the correct figure attached. Maintain Professional Competence - I have and will continue to make sure I complete the required CPD each year, and I often attend training courses to ensure I maintain competent with the work I am doing. Provide good quality and diligent service - I aim to understand the clients objectives prior to taking on work and I ensure to maintain good communication throughout. Be respectful and encourage diversity and inclusion - I have carried out iHasco training on diversity and inclusion, and I make sure to treat all members of staff with respect. Take responsibility and act in the public interest - I have dealt with complaints as a result of instructions that I have been involved with.

Answer 235

- Investigation - Disciplinary process - Regulatory compliance order - Sanctions (including fines or expulsion)

Answer 236

- Must comply with CPD requirements - Must cooperate with the RICS - Must provide all information reasonably requested by the Standards and Regulation Board

Answer 237

1 - Complaints Handling Procedure 2 - Appropriate PI cover 3 - Must make arrangements for cover in the event of death or incapacity 4 - Must cooperate with the RICS 5 - Must provide all information reasonably requested by the Standards and Regulation Board 6 - Must display on their business literature a designation to denote they are members of the RICS 7 - Must report any matter that they are required to under the rules of registrations for firms.

Answer 238

- Who to address the complaint to - Timeline for acknowledgement and response - How complaint will be investigated and handled - Means for further recourse if not satisfied with the response

Answer 239

If the instruction is finished and the offer is genuine, reasonable and proportionate, then yes I would accept the bottle f wine and record this on the gifts and hospitality register. A car would not be reasonable and proportionate - I would decline and record this on the gifts and hospitality register. - Bribery Act 2010 - My Firms anti-bribery policy

Answer 240

No - you can not mix client and firm money.

Answer 241

My firm has its own policy not to accept cash payments so I would refuse. If I was at a company who did not have this policy, the maximum cash payment allowed is $10,000 and any large transactions I would ensure to do relevent AML checks.

Answer 242

the concealment of the origins of illegally obtained money. Placement, Layering, Integration / Extraction

Answer 243

Countering bribery, corruption, money laundering and terrorist financing (2019) - unlimited fine and/or imprisonment up to 2 years Proceeds of Crime Act and Terrorism Act - up to 14 years prison sentence and/or fine

Answer 244

Primary ID – photographic and personal details – name /DOB etc Secondary – utility bill or bank statement confirming address

Answer 245

General Data Protection Regulation (2016)

Answer 246

- Insurance for public liability, employees, buildings, contents, vehicles, Professional Indemnity - Complaints handling procedure - Health & Safety policy - Employees - A bank account - A website - A business plan

Answer 247

- me - The public - Clients - The rest of the profession

Answer 248

- The RICS Red Book - Registered valuers system

Answer 249

- Identify the conflict of interest - Inform the client of the conflict of interest - If they are happy for me to proceed, obtain informed consent in writing - Manage the conflict of interest

Answer 250

- The office recycles - We share lifts when going on site or to meetings in person - Use teams for meetings when appropriate

Answer 251

Martin Samworth

Answer 252

20 hours, 10 must be formal CPD Training by internal specialists, External Training courses Recorded on the RICS CPD section within the ARC platform.

Answer 253

Money held or received as: - Rent and service charges - arbitration fees - Client money held but due to be paid to contractors - Interest credited to a client account RICS Client money handling - Sets out how client money should be handled

Answer 254

a balance sheet shows the value of everything that the company owns, owes (liabilities) or is owed on the last day of the financial year a profit-and-loss account shows the company sales, running costs, and the profit or loss that it has made over the financial year

Answer 255

An arbitrator can not decide without receiving evidence from the parties, and are immune from liability in negligence. An expert witness base their decision upon their own knowledge and investigations, and may be sued for negligence.

Answer 256

Financial Penalties of up to 17.5 million or 4% of global turnover, whichever is higher.

Answer 257

Rating E No: Buildings that don't need EPC include: - Temporary buildings used for less than 2 years - Industrial sites, workshops and non-residential agricultural buildings that don't use a lot of energy - Buildings that are due to be demolished

Answer 258

If permission was given for a fixture, it becomes an improvement. Fixture - if no permission was given, the landlord can ask the tenant to remove it at the end of the tenancy. Improvement - If permission was given, the Tenant can be entitled to compensation

Answer 259

- Initial phone call Understand the requirements and assess if you are competent to take on the instruction - Check sufficient PII insurance is in place to cover the instruction - Conflict of interest and anti-money laundering checks - Agree terms of engagement - Carry out the valuation using the most appropriate method of valuation - Peer review - Issue the report in the correct format so that it can not be amended, e.g. PDF or paper copy.

Answer 260

Whoever is making the application.

Answer 261

Where the property is earmarked for public works and you want to request the authority to purchase it at the full market value.

Answer 262

- Party conflict - Own interest conflict - Confidential information conflict

Answer 263

An information barrier preventing confidential information passing between those in the same firm, e.g. separate working locations, password locked files.

Answer 264

Countering bribery, corruption, money laundering and terrorist financing (2019)

Answer 265

a shapefile is a geospatial data file that records the shape, size and location of an item that has a place in the world, allowing to also add additional attributes to record the data that clients are interested in

Answer 266

Allows me to provide my client with a visual representation of data and information surrounding a scheme. It is easy to navigate and user friendly, and the ability to present all the required information within shapefiles, improves the efficiency of a scheme.

Answer 267

A GIS (Geographical Information System) is a Geospatial system used to record, manipulate and display the data that you want to illustrate with a spatial element

Answer 268

GEA - Gross External Area GIA - Gross Internal Area NIA - Net Internal Area

Answer 269

GIA - Gross Internal Area The measurement was for valuation purposes, and is also the measurement used for the pricing provided by the Building Cost Information Service.

Answer 270

Hazard - anything that could cause harm Risk - combination of: - likelihood of occurrence - severity of outcome

Answer 271

This is where the effect of the scheme underlying a CPO is required to be disregarded in assessing compensation.

Answer 272

Disturbance only

Answer 273

Land Taken Disturbance Loss Payments Severance & Injurious Affection

Answer 274

Lesser interests, e.g. people with rights of way, easements, mortgages, restrictive covenants.

Answer 275

Northwest Water Authority Act 1977 - NOT the Water Industry Act 1991!!!

Answer 276

Anyone with a legal interest in the land concerned, such as land owners and leaseholders

Answer 277

The depreciated replacement cost method of valuation is calculated by identifying the cost of building the equivalent building, reduce by a factor to reflect its age and level of depreciation, plus the cost of purchasing the land.

Answer 278

I established a yield of 10% through discussions with local agents for open-storage yields in the location. This was used for the term. I then increased the yield to 11% when calculating the reversion to reflect the increase risked.

Answer 279

- Maintenance & repair costs - Service charges / Running costs

Answer 280

Set out in VPS 3 Sets out what should be included within a Red Book Valuation, e.g. - Valuer & Client Details - Assumptions and Special assumptions - Purpose and basis of valuation - Valuation date

Answer 281

Bell Ingram have professional indemnity insurance in place with a limit of indemnity worth £10,000,000.

Answer 282

- Town planning - Council tax valuations - Building cost estimates for houses

Answer 283

- Industrial/warehouses, retail warehouses and food stores: * Estate agency * Rating * Valuation - Building cost estimates for commercial assets - New homes valuations

Answer 284

Shops/Offices: * Estate agency * Rating * Valuation

Answer 285

Schedule 4 of the Electricity Act 1989

Answer 286

The commercial test

Answer 287

Depends on the firms turnover in the previous year: £100,000 or less = £250,000 £100,001 - £200,000 = £500,000 £200,001 and above = £1,000,000

Answer 288

A minimum of £1,000,000 in all for a period of 6 years.

Answer 289

Insurance which covers the cost of compensating clients for loss or damage resulting from negligent services or advice provided by a business or an individual.

Answer 290

professional indemnity insurance cover provided for the past liabilities of a business once it has ceased trading. A minimum of £1,000,000 in all for a period of 6 years.

Answer 291

Insurance which covers the cost of claims made by members of the public for incidents that occur in connection with business activities. £10,000,000

Answer 292

Insurance which covers the costs of employee claims for illness or injury caused by their work due to employers' negligence. £10,000,000

All Competencies Flashcards

(322 cards)