RICS APC Law and Regulation 2 — Questions and Answers
Question 1: Under the Health and Safety at Work etc. Act 1974, what is the employer's primary duty?
- To maximise profits
- To ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees (Correct answer)
- To provide free lunches
- To pay overtime rates
Correct answer: To ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees
Section 2 of the Act places a duty on every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all their employees.
Question 2: What is a 'restrictive covenant' in property law?
- A legal requirement to maintain a property
- A condition in a deed that restricts the use of land, such as prohibiting certain developments or activities (Correct answer)
- A type of insurance policy
- A building regulation requirement
Correct answer: A condition in a deed that restricts the use of land, such as prohibiting certain developments or activities
A restrictive covenant is a binding obligation in a property deed that limits how the land can be used, such as prohibiting business use, restricting building heights, or preventing alterations.
Question 3: What is the role of the 'Land Registry' in England and Wales?
- To value all properties
- To register ownership of land and property, maintaining a publicly accessible register of title (Correct answer)
- To grant planning permission
- To collect council tax
Correct answer: To register ownership of land and property, maintaining a publicly accessible register of title
HM Land Registry is responsible for registering the ownership of land and property in England and Wales, maintaining a definitive register of title that provides certainty of ownership.
Question 4: Under the Equality Act 2010, what duty does a service provider have regarding their premises?
- No specific duties regarding premises
- A duty to make reasonable adjustments to ensure that disabled people are not placed at a substantial disadvantage (Correct answer)
- A duty to provide free access to all
- A duty to rebuild premises to modern standards
Correct answer: A duty to make reasonable adjustments to ensure that disabled people are not placed at a substantial disadvantage
The Equality Act 2010 requires service providers to make reasonable adjustments to physical features of their premises, provision of auxiliary aids, and policies to avoid substantial disadvantage to disabled people.
Question 5: What is 'dilapidations' in the context of a commercial lease?
- Improvements made by the tenant
- A claim by the landlord against the tenant for breaches of repair and reinstatement obligations under the lease (Correct answer)
- A type of insurance claim
- A structural survey report
Correct answer: A claim by the landlord against the tenant for breaches of repair and reinstatement obligations under the lease
Dilapidations is a claim made by the landlord (usually at or near lease end) for breaches of the tenant's repairing, decorating, and reinstatement covenants, seeking compensation for the cost of repairs.
Question 6: What is the significance of the 'Defective Premises Act 1972' for surveyors?
- It only applies to new-build properties
- It imposes a duty on those involved in the provision of dwellings to ensure they are fit for habitation, with relevance to inspection and certification (Correct answer)
- It has been fully repealed
- It only applies to commercial buildings
Correct answer: It imposes a duty on those involved in the provision of dwellings to ensure they are fit for habitation, with relevance to inspection and certification
The Defective Premises Act 1972 imposes duties on those who take on work for the provision of dwellings (including conversions) to ensure they are fit for habitation, with implications for surveyors providing reports.
RICS APC Law and Regulation 2
Under the Health and Safety at Work etc.
Act 1974, what is the employer's primary duty?