Mixed Deck — All RICS APC Topics Flashcards

What is the Minimum Energy Efficiency Standard (MEES) for commercial property lettings in England and Wales?

Answer: EPC rating of E

Since April 2018, it has been unlawful to let commercial or domestic properties with an EPC rating below E, unless a valid exemption has been registered.

Under the Land Registration Act 2002, what is the effect of first registration of a property at the Land Registry?

Answer: The registered proprietor's title is guaranteed by the state — the Land Registry maintains an authoritative record of ownership

The Land Registration Act 2002 introduced a system of state-guaranteed title. Once registered, the Land Registry's register is the definitive record of ownership, and the state indemnifies those who suffer loss due to mistakes in the register. This makes conveyancing more certain than the old unregistered system.

What is the primary purpose of the Pre-Action Protocol for Dilapidations Claims in England and Wales?

Answer: To encourage early exchange of information and negotiation between parties to promote settlement without litigation

The Dilapidations Protocol requires parties to exchange quantified schedules and formal responses at an early stage, encouraging negotiation and settlement of claims before resorting to court proceedings.

What is a 'programme' in the context of construction project management?

Answer: A schedule showing the planned sequence, duration, and timing of construction activities

In UK construction, a programme (schedule) shows the planned sequence of activities, their durations, dependencies, milestones, and critical path for the project.

What is 'due diligence' in the context of property transactions?

Answer: A thorough investigation and analysis of a property and its associated legal, financial, and physical aspects before completing a transaction

Due diligence is the comprehensive investigation undertaken before a property transaction, covering legal title, planning, environmental, building condition, and financial aspects to identify risks.

What is an 'easement' in English land law?

Answer: A right benefiting one piece of land (the dominant tenement) that burdens another piece of land (the servient tenement), such as a right of way

An easement is a legal right annexed to land that allows the owner of the dominant tenement to use the servient tenement in a specific way. Common examples include rights of way, rights of light, and rights to run services (drains, pipes) across neighbouring land. Easements can be express, implied, or acquired by prescription.

What is a 'terminal schedule of dilapidations' in commercial property?

Answer: A document served by the landlord at or near lease expiry claiming remedies for the tenant's breach of repairing obligations

A terminal schedule of dilapidations is served by the landlord at or near lease expiry, setting out breaches of the tenant's repair, decoration, and reinstatement covenants and seeking financial compensation or execution of works.

What is the 'comparable method' of valuation and when is it most appropriate?

Answer: Comparing the subject property with recent sales of similar properties, adjusting for differences — most appropriate where there is an active market with sufficient comparable evidence

The comparable (or comparison) method uses evidence from the market — recent sales or lettings of similar properties — to determine value by comparison. Adjustments are made for differences in location, size, condition, and other relevant factors. It is the primary method for most residential and standard commercial property valuations where market evidence exists.

Under RICS standards, what must a surveyor do if they identify a conflict of interest?

Answer: Disclose the conflict to all affected parties and either manage it appropriately with informed consent or decline the instruction

RICS requires members to identify, disclose, and manage conflicts of interest transparently. If the conflict cannot be managed, the surveyor must decline or withdraw from the instruction.

What is the most common cause of rising damp in UK buildings?

Answer: A failed or absent damp-proof course (DPC)

Rising damp occurs when moisture from the ground travels upwards through the building fabric by capillary action, typically due to a failed, bridged, or absent damp-proof course.

What is the purpose of the 'Town and Country Planning Act 1990'?

Answer: To provide the framework for the planning system in England, including development control and planning permission

The Town and Country Planning Act 1990 is the primary legislation governing the planning system in England and Wales, setting out the framework for obtaining planning permission for development.

What is RICS's Regulatory Board responsible for?

Answer: Setting and enforcing the regulatory requirements for firms, monitoring compliance, and investigating and disciplining misconduct

The RICS Regulatory Board oversees the regulation of RICS-regulated firms and members. It sets regulatory requirements, monitors compliance through audits and reporting, investigates complaints, and has the authority to impose sanctions including reprimand, fines, and expulsion from RICS.

What is a 'Passivhaus' standard building?

Answer: A building designed to achieve ultra-low energy consumption through superinsulation, airtightness, and mechanical ventilation with heat recovery

Passivhaus is a rigorous energy performance standard that achieves very low energy consumption through superinsulation, extreme airtightness, triple glazing, and mechanical ventilation with heat recovery (MVHR).

What is RICS' complaints handling procedure designed to achieve?

Answer: To provide a fair and transparent process for resolving disputes between RICS members/firms and their clients

The RICS complaints handling procedure ensures that clients have access to a fair, transparent, and independent process for resolving complaints about the service provided by RICS-regulated firms.

What is the 'Years' Purchase' (YP) in the investment method of valuation?

Answer: The multiplier applied to income to determine capital value, derived from the yield

Years' Purchase is the multiplier (reciprocal of the yield) applied to income to calculate capital value. For example, a 5% yield gives a YP of 20 (100/5 = 20).

What is the primary purpose of the Landlord and Tenant Act 1954 (Part II) for commercial surveyors?

Answer: It gives business tenants the right to renew their lease at the end of the term and protects them from arbitrary eviction

Part II of the Landlord and Tenant Act 1954 gives qualifying business tenants statutory security of tenure — the right to remain in occupation at the end of their lease and to apply to the court for a new tenancy on reasonable terms. Landlords can only oppose renewal on specified statutory grounds. This is fundamental knowledge for commercial property surveyors.

What does 'efflorescence' on brickwork indicate?

Answer: The presence of soluble salts being brought to the surface by moisture evaporation

Efflorescence is a white crystalline deposit that appears on brickwork when soluble salts within the brick or mortar are dissolved by water and deposited on the surface as the water evaporates.

What is a 'restrictive covenant' in property law?

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.

What does the 'Party Wall etc. Act 1996' require?

Answer: A building owner to notify adjoining owners before carrying out certain works to or near party walls, boundary walls, or excavations

The Party Wall etc. Act 1996 requires building owners to formally notify adjoining owners before carrying out works to a party wall, building on the boundary, or excavating near neighbouring buildings.

What is the purpose of a 'Gantt chart' in project management?

Answer: To visually display the project schedule, showing task durations, dependencies, and progress over time

A Gantt chart is a bar chart that illustrates the project schedule, showing each task's start and finish dates, duration, dependencies between tasks, and current progress.