Updated 19 May 2020
This update contains the following changes:
A supplement to this global practice alert is also available to download on the right-hand side of this page and RICS regulated members should read this in conjunction with this RICS valuation practice alert.
The effects of the COVID-19 Virus will impact the work carried out by RICS regulated members in a variety of ways. The exact consequences of the COVID-19 outbreak are unknown but inspecting property may be difficult either through their firm’s own internal procedures, government-imposed restrictions or the occupant’s unwillingness to grant access. Access to evidential data such as comparables, may also be less freely available.
RICS reminds regulated members that, in addition to following the directions of government authorities, they should act in a transparent and professional manner. Where there are changes to the way RICS regulated members normally proceed with instructions, this must be agreed with the client and any agreed changes must be recorded. RICS regulated members should make detailed file notes to support the rationale that underpinned the changes.
Any restrictions of information and/or the ability to inspect must be made clear, agreed with the client and clearly stated in the report. All affected terms of engagement must be amended to confirm this. These requirements also apply to any valuation assumptions that are made as a consequence of restricted access and/or valuation information. If the regulated member considers that it is not possible to provide a valuation on a restricted basis, the instruction should be declined.
Where a valuation is provided on restricted information, information may be presented to RICS regulated members which has been prepared by third parties, such as other RICS regulated members, owners, tenants or occupiers of similar real estate, or their agents and clients’ own records. Questions of commercial confidentiality or statutory data protection may arise, which might mean that sources and figures cannot be confirmed, but this should not invalidate the use of the data in arriving at an opinion of value, provided confidentiality issues can be respected.
Valuers need to be aware of any local data protection or confidentiality legislation that may apply in their jurisdiction and act accordingly. For example, it may be necessary to obtain permission to use data on comparable transactions, especially if this is going to be published in a report or used in judicial proceedings.
RICS regulated members must reasonably believe the information prepared by third parties is adequate and reliable.
RICS members must be aware and act within the requirements of the RICS Valuation – Global Standards (Red Book Global Standards). The following sections are relevant.
RICS regulated members should also ensure they understand and comply with any guidance or requirements issued by national jurisdictions (say as an emergency measure), which may take precedence over the RICS Red Book Global Standards.
Individual markets will react differently to the COVID-19 outbreak, and RICS regulated members have been considering whether a material uncertainty declaration is now appropriate. RICS regulated members should be fully aware of VPGA 10 and VPS 3 within the RICS Red Book Global Standards in the decision-making process. If material uncertainty is declared, you are reminded that this should be explicitly stated. Where appropriate to their jurisdiction or work, the valuer may also want to reference the terms and output of the RICS Material Valuation Uncertainty Leaders Forum (UK), which can be found here.
Whether material uncertainty exists remains the decision of the RICS regulated member. Insight indicates many markets are uncertain. If a RICS regulated member concludes that declaring material uncertainty is not appropriate, there should be a sound rationale to explain the decision-making process and this should be recorded for future reference.
Where RICS regulated members conclude there is material uncertainty, the following phrasing can be used.
The outbreak of the Novel Coronavirus (COVID-19), declared by the World Health Organisation as a “Global Pandemic” on 11 March 2020, has impacted global financial markets. Travel restrictions have been implemented by many countries.
Market activity is being impacted in many sectors. As at the valuation date, we consider that we can attach less weight to previous market evidence for comparison purposes, to inform opinions of value. Indeed, the current response to COVID-19 means that we are faced with an unprecedented set of circumstances on which to base a judgement.
Our valuation(s) is/are therefore reported on the basis of ‘material valuation uncertainty’ as per VPS 3 and VPGA 10 of the RICS Red Book Global. Consequently, less certainty – and a higher degree of caution – should be attached to our valuation than would normally be the case. Given the unknown future impact that COVID-19 might have on the real estate market, we recommend that you keep the valuation of [this property] under frequent review.
RICS has previously stated that where a material uncertainty clause is included in a valuation, it is as a disclosure. This is withdrawn, it has no effect and should be disregarded.
Engagement with stakeholders during the crisis has led to some anecdotal reports of a misunderstanding of the difference between the market value of a property (VPS 4.4) and the investment value or worth of it to a particular owner or occupier (VPS 4.6).
A dialogue with the client may be particularly important when settling the terms of engagement in order to ensure that the purpose and basis of value (VPS 1.3.2 (f) and (g)) fully accord with the client's needs, and that only reasonable and relevant assumptions or special assumptions are made (VPS 1.3.2 (k)).
Market value may coincide with its worth but a client’s unwillingness to transact at a certain level based on their own needs should not influence the assessment of market value. The assessment of worth does not require a hypothetical transaction but an assessment of the worth of an asset to an individual.
Where RICS regulated members receive press queries, Ben Elder FRICS Global Director of valuation has issued the following statement and RICS regulated members can quote this in their response.
‘Where a material uncertainty clause is being used, its purpose is to ensure that any client relying upon that specific valuation report understands that it has been prepared under extraordinary circumstances.
The term is not meant to suggest that the valuation cannot be relied upon; rather, it is used in order to be clear and transparent with all parties, in a professional manner that – in the current extraordinary circumstances – less certainty can be attached to the valuation than would otherwise be the case. Indeed, with regard to the process itself, professional valuers will almost certainly have undertaken far more due diligence than normal, in order to arrive at their estimate of value.’
Ben Elder FRICS, RICS Global Director of valuation
This webinar will provide valuers with an overview of the RICS Valuer Registration Scheme, RICS Valuation – Global Standards (the “Red Book”) and their application in practice at a time when COVID-19 is challenging valuers’ ability to gather and analyse key information, creating unprecedented valuation uncertainty. The need for valuers to assess risk and ensure adherence to RICS standards and guidance is greater than ever and this webinar will explore specific areas where valuers can mitigate risk to themselves and their clients during this time of uncertainty.