What is sustainability?
The ability to be maintained at a certain level or rate
What is the government doing about Sustainability?
As part of the Climate Change Act 2008, UK signed a legally binding agreement to help reduce carbon emissions by 80% by 2050 based on 1990 levels. Recent update is to have a Carbon Footprint of NET ZERO but 2050
Introduced The Energy Act 2011 which aims to make businesses, landlords and tenants more energy efficient
As part of this they introduced The Green Deal which allows landlords, tenants and homeowners to make energy improvements to their properties through savings on their bills
Is there a recent update to this?
Yes, a recent update as of 2018 declared the UK to have a carbon foot print of net zero by 2050
What is the RICS doing about it?
Introduced the Buildings Carbon Database
What is it?
Allows users to upload information relating to their property. In doing so, this will provide the user with advice and recommendations on a buildings life cycle, such as changing the light fittings ever x amount of years, changing the M&E etc.
What is MEES?
Minimum Energy Efficiency Standards 2015
Could you tell me more?
Required all new leases and renewals from 1st April 2018 to have an EPC rating of E and above
Required all existing leases from 1st April 2023 to have an EPC rating of E and above
What is the BBP?
Better Buildings Partnership
What is the BBP trying to provide?
Working with UK's largest REITS and funds to try and achieve net carbon zero by 2050
What is an EPC?
It is an energy performance certificate
What does it measure?
The energy performance of a building
What's contained within an EPC?
- Energy rating A+ - G
- Certificate reference number
- Address and size of property
- Benchmarking info
- Technical info
- Estimation on running costs
How often do you need to get an EPC?
Every 10 years or if the building has been altered
Do you require an EPC when marketing?
Yes, within 7 days of marketing
What is required on the marketing details with regard to EPC?
Only the energy rating
What are the penalties for not having it on the marketing particular's?
12.5% of the RV or (Min £500 - Max £5,000)
Who's responsible for obtaining the EPC?
What are the MEES exemptions?
- - Buildings under 50 sq. m
- - Places of worship
- - Buildings with no heating system in
- - Where tenancy is less than 6 months with no security of tenure
- - Industrial units with low energy demand
- - When it is not possible to improve the energy rating to E or above with a 7 year payback
What are the penalties for non-compliance with the regulations?
If a breach has lasted less than 3 months - up to £5k or 10% of the RV if greater (£50k max fine)
If a breach has lasted longer than 3 months - up to £10k or 10% of the RV if greater (£150k max fine)
Who's it policed by?
What is BREEAM?
Buildings Research Establishment Environmental Assessment Method
What is it?
It is a voluntary environmental assessment tool which rates a building against 9 weightings including water usage, energy consumption and transport links
How many weightings are there and what are they?
- Very good
Can you think of another initiative LL's are trying to improve?
Health and Wellbeing
Can you tell me more?
Developers are using then WELL STANDARDS which rates buildings in respect of health and mental well being for occupiers
What is a green lease?
A green lease allows landlords and tenants to share information about the use of energy, water and waste in a building to help improve energy efficiency of a building
Where can you find info on green lease?
Better Buildings Partnerships has a green lease toolkit
What is the new EU legislation that governs data?
What is GDPR?
General Data Protection Regulation
Largest change in data protection law across the EU
What's the UK's take?
Data Protection Act 2018
What is it?
Empowers individuals on how their data is used, stored and managed
If there is a breach, what must companies do?
Data controller must report to the ICO within 72 hours of the breach
What are the fines?
4% of global turnover or 20m euros (whichever the greater)
What are the 8 rights under GDPR?
- Right to RECTIFICATION
- Right of ACCESS
- Right to DATA PORTABILITY
- Right to be INFORMED
- Right to OBJECT
- Right to ERASURE
- Right to RESTRICT PROCESSING
- Right to AUTOMATED DECISION MAKING AND PROFILING
What must be conducted for high risk holding of data
An obligation to conduct data protection impact assessments
What's included in a companies accounts?
- Chairman's statement
- Independent auditor report
- P&L Account
- Balance sheet
- Remuneration report
What's the new names for P&L and Balance sheet?
- P&L = Income statement
- Balance sheet = Statement of financial position
What's a P&L account (income statement)?
A financial statement showing a companies income and expenditure usually prepared on a annual basis
What's a balance sheet (statement of financial position)?
A financial statement showing a companies asset and liabilities, usually prepared at the end of the year
What is an asset and liability?
Asset - Cash, property
Liabilities - loans and borrowings
What is a Cash Flow Statement?
Shows a companies receipts and expenditure to include VAT
Prepared for management account purposes only (internal)
What are the strengths and weaknesses within companies accounts?
- If a company has a high volume of assets and income
- If there are no assets and net profit is minor
What's a management account?
An financial statement that has been prepared internally for internal use only
What is an audited account?
Financial statement that is prepared by a chartered accountant
How can you assess a tenants financial viability?
Recommend the client seek prof advice from a chartered accountant
Or get a Dun Bradstreet report carried out
What is UK GAAP?
Sets out regulations on how companies should set up company accounts
What is a Dun & Bradstreet report?
It's a credit report for a company
- First number and letter is financial strength, last number is risk indicator
- Financial Strength = Higher number, higher net worth
- Risk indicator = lower number, lower risk
Is there anything regarding accounting that has come into place regarding tenants and their accounts?
Yes, IFRS 16 is a new lease accounting standard launched from 2019
Full cost of leases will have to appear on a companies balance sheet
Rent is recognised as a liability
What's the guidance note on H&S for members?
RICS Surveying Safely 2018
What is it?
Best practice principles for RICS regulated firms and members for the management of health and safety
What's the structure of the book?
8 parts to the BOOK:
- Personal responsibilities
- Assessing hazards and risks
- Workplace health and safety
- Occupational health and hygiene
- Visiting premises and sites
- Fire safety
- Residential inspections
- Management contractors
What are the key areas of new advice?
Safe person means each individual assumes individual behavioural responsibility for their own, colleagues and others health and safety
Ensure individuals accept responsibility for their own actions
Advice on health, well-being and mental health
What must firms provide?
- Safe working environment
- Safe working systems
- Safe working equipment
- Competent staff
What is the RICS advice following Grenfell?
Landlords, homeowners and managers must have robust fire assessments for their properties
What is Bray Fox Smiths H&S docs?
- Required to undertake induction at the start of employment
- H&S manual provided outlining H&S requirements for when working in the office and on site
- Fire safety info, who the fire marshal is, fire escapes and route, fire meeting point
What other Health and Safety legislation is there?
Health & Safety at Work Act 1974
What is its purpose?
Employers must ensure the health, safety and wellbeing of all of its staff
What is a hazard?
Something that can cause harm such as a wet floor
What is a risk?
Probability or likelihood someone will be harmed usually shown as low, medium or high
Where can detailed H&S info can be found on site?
Operations and Maintenance manual
What is a risk assessment?
A legal requirement for employers employing more than 5 people
Assesses the risk associated with the hazard
What is the 5 step approach to risk assessments?
- Identify the hazard
- Identify those who are at risk
- Evaluate the risk
- Report your findings
- Review on a regular basis
What's a method statement
Details how a process is to be carried out
What is the 6 pack of HSE regulations?
- Management of health and safety at work
- Display screen equipment
- Manual handling operations
- Provision and use of equipment
- Workplace health, safety and wellbeing
What is a fire risk assessment?
It's a risk assessment but with fire emphasis
Is there any RICS publication regarding fire safety and landlords and tenants
RICS Fire Safety
Does it apply to all property?
What reasonable precautions can be put in place to help reduce risk of fire?
- Fire fighting equipment
- Safe exit routes
- Emergency lighting
What is RIDDOR?
Reporting Injuries Diseases and Dangerous Occurrences Regulations
What is Asbestos?
A insulating material that can cause harm to health if disturbed
If left untouched, is it a problem?
No, only causes harm to health if disturbed
What types of Asbestos are there?
- Chrysotile - White
- Amosite - Brown
- Crocidolite - Blue
Have they now been banned?
Yes, white banned in 1999, blue and brown banned in 1985
What's the legislation behind Asbestos?
The Control of Asbestos Regulations 2012
What types of Asbestos surveys are there?
Management Survey - Used when the property is in normal occupation to identify the ACM
Refurbishment Survey - Used for when the building will be going under refurbishment / demolition
Who is the duty holder?
- LL - if vacant
- T - if occupied
What must the duty holder do?
- Undertake a risk assessment periodically to manage the asbestos
- Produce risk assessment / asbestos register
How can you determine if a building has Asbestos in?
Check architects drawing
What is the CDM regulations, 2015?
Construction design and management regulations 2015
What is the CDM regs?
Ensure the health and safety during the design and management of all commercial building projects
What is the aim of the CDM regs?
Improve management of H&S at all stages of construction
What is Legionella?
Respiratory disease that can be caused by inhaling water droplets that have harmful bacteria
Where can Legionella be caught?
- Usually in purpose built systems where bacteria is able to grow.
- Air con systems
- Baths / Spa
What act surrounds Disability?
Disability Discrimination and the Equality Act 2010
When faced with an obstacle for disabled persons, what choices do you have?
- Remove the feature
- Alter it
- Provide reasonable means of avoiding the obstacle
- Provide a reasonable alternative access to the service
What are the statutory obligations for a commercial property owner?
- Asbestos management
- DDA compliance
- Fire Safety
- Legionnaires Disease
What's included in your firms business plan?
- We carry out a SWOT analysis at the beginning of each month to determine where the business is at now
- Keep track of WIP every week at weekly letting meetings
- Always strive to create more business
What's the legislation called which surrounds use classes?
Town and Country Planning (use class) order 1987