Hot Topic Highlight - Christmas Crackers 2018

Posted on 12 / 12 / 18
by Jen Lemen

Hot Topic Highlight - Christmas Crackers 2018

Building a better you 

Property Elite’s sole aim is to build better property professionals - supporting your career every step of the way, whether you are completing a RICS accredited degree course, your RICS APC/AssocRICS or simply seeking engaging CPD. 

Remember, the CPD recording deadline for qualified members is 31 December - so make sure you request your free CPD certificate by emailing hello@property-elite.co.uk.

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: 

1. New RICS Measurement Matters guide

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

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

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

5. RICS ethics decision tree

If you are an RICS APC candidate, be sure to check out our RICS APC support services, including submission reviews, question packs, revision quizzes and e-mock interviews. 

We've already got candidates signing up to support their Spring 2019 submissions - in our experience, the earlier you seek additional support, the better chance you have of RICS APC success! 

If you've been referred this Autumn - don't panic. Check out our referral blog and advice on the new RICS referral guidance, as well as emailing a copy of your referral report to jen@property-elite.co.uk for some free advice on what to do next. 

Not sure about signing up? You can read what some of our recent successful candidates have to say here. We work with candidates across all RICS APC pathways, routes to assessment and geographic regions.

If you have been referred or want to discuss your RICS APC, contact us on 07804 642 825 or email rachel@property-elite.co.uk - we offer every candidate a free & friendly 30 minute RICS APC consultation.


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 (start with Part 1). 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 Mazars
  • One 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 the 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?

  • Sign up for a complimentary copy of our Ebook Guide to the APC (UK and MENA editions)/AssocRICS/Senior Professional Route, together with our updated APC Hot Topic Guide - full of even more helpful advice and tips to pass your RICS APC or AssocRICS with flying colours first time
  • Sign up for our bespoke support services, such as our final assessment review & feedback service, RICS APC question packs (around 1,000 questions/30 pages based on your submission), e-mock interviews and revision quizzes. Don't forget that we offer some great value discounted packages if you purchase more than one support service!
  • If you've been referred this Autumn or have any queries or concerns, just contact us on 07804 642 825 / rachel@property-elite.co.uk. We offer all candidates a free & friendly 30 minute RICS APC consultation

Not sure about signing up? You can read what some of our recent successful candidates have to say here.

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

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