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Hot Topic Highlight - Christmas Crackers 2018

Updated: Jun 12, 2019



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Property Elite’s sole aim is to build better property professionals - supporting your career every step of the way, whether you are an AssocRICS or RICS APC candidate or a MRICS or FRICS Chartered Surveyor simply seeking engaging CPD.


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What is today's blog about?


This week, we will take a brief look at five Christmas Crackers to bring the year to a close and boost your CPD hours for 2018. Essential reading for AssocRICS and RICS APC candidates.


You can also listen to our CPD podcast on Anchor for more free AssocRICS and RICS APC training and support.


1. New RICS Measurement Matters guide


RICS have published a new consumer guide to measurement. The aim is to ensure that buyers and renters 'pay a fair price, based on the accurate size of a home'. 


This will also help to promote global consistency and ensure that RICS Property Measurement (2nd Edition) is adopted within the residential market.


You can watch and listen to what supporter, Phil Spencer, has to say about the guide. You can also download a copy on the RICS website.


2. Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 

We have already written blogs on the staircase tax. However, this new legislation was brought into force from 1 November 2018 to address the 'staircase tax' in England.


The changes will apply retrospectively from 1 April 2010, which means that businesses will be able to request historic recalculations.


The key changes are:


  • The staircase tax is effectively reversed, including a large part of the decision in Woolway v MazarsOne rating assessment will be apply to neighbouring floors or units occupied by the same business, so long as they are contiguous and not used for wholly different purposes

  • The Act also makes changes to how Council Tax applies to empty domestic properties.

  • Both are likely to have wide ranging impacts on the industry. Read more in this summary published by TLT Solicitors. 


3. S Franses Limited v Cavendish Hotel (London) Limited lease renewal case appeal


The Supreme Court have recently allowed an appeal in this lease renewal case. 


We recommend checking out this excellent summary by TLT Solicitors to find out more about the legal and technical detail.


Making sure you are aware of the implications of the decision will be key to providing prudent landlord & tenant advice to clients on either side of the equation.


4. Faraday Development Limited v West Berkshire Council procurement and development case appeal


In a first for English procurement law, the Court of Appeal established precedent relating to when a development agreement (transaction) could constitute a public works contract. This, in turn, could trigger public procurement requirements, potentially rendering a development agreement ineffective or void.


We recommend checking out the full technical summary published by Shoosmiths Solicitors.


As with every decision, it is important to remember that each case will turn on it's own facts so surveyors should always seek legal advice on potentially contentious legal issues. 


5. RICS ethics decision tree


Qualified members must include CPD on ethics on a rolling 3 yearly basis. It's of paramount importance to all surveyors to ensure that we provide the highest standard of ethical and professional advice. 


If you come across a potential ethical dilemma, we recommend running through the RICS ethics tree.


This asks questions such as:


  • Do you have sufficient facts?

  • Is it legal?

  • Is it in line with the RICS global professional and ethical standards?


How can we help?

  • Head to our blog archive to access even more free CPD and AssocRICS and RICS APC training and support.

  • Download your free AssocRICS and RICS APC resources, including e-books and revision quizzes.

  • Find out more about our bespoke AssocRICS and RICS APC training and support, before booking your free 15 minute consultation and signing up for your services online.

  • Not sure about signing up? Make sure you read what our recent successful candidates have to say in our Testimonials.


Stay tuned for our next blog post to help build a better you


N.b. Nothing in this article constitutes legal or financial advice.