About Book
ETHICS in the real estate and hospitality industry
This handbook is based on a comprehensive analysis of 91 business
processes performed by design professionals. It identifies 900+
activities in these processes, that if performed correctly, will enable
significant improvements in the quality of design and construction,
project cost optimization, and customer-focused delivery. Timely
and accurate implementation of these activities would also
facilitate statutory compliances and increased efficiency in
designing processes.
The handbook would be valuable to architects, interior designers, MEP engineers and project managers, internal auditors/risk managers, and CEOs in driving higher sales revenues, profitability, and customer satisfaction.
The handbook would be valuable to architects, interior designers, MEP engineers and project managers, internal auditors/risk managers, and CEOs in driving higher sales revenues, profitability, and customer satisfaction.
About
About Author
The author, Arvind Dang, is a mechanical engineer from the Delhi College of Engineering and an MBA from the University Business School, Chandigarh, Punjab, India. He has also attained ISO 9001 certification for Quality systems from Cranfield University, U.K.; CISA-Certification from ISACA, U.S.A and BS7799 certification for Information security from BSL, U.K.
Arvind has served as a President of The Institute of Internal Auditors, Delhi Chapter, and been a governing board member of ISACA, Delhi
With a rich professional experience of 41 years in the Engineering and Real Estate Industry, he retired as the President-procurement and corporate services of a prominent real estate
company in India.
Overview of Ethical landscape
Risk assessments: - At the organization level- Design Functions- Design of Architect, Interior designing, and Design of MEP
Activities for Risk assessment The ultimate objective of risk assessment in design functions is to identify such risk occurrences, analyse these, and initiate countermeasures for preventing risks.The activities include i. Designate Risks Assessment team (CFT-Cross-functional team)ii. Identify aspects that can contribute to organization-level risk mentioned iii. Design risk assessment templates for the organization-level risk. iv. Software programming of risk templates. v. Populating the “organization level Risks” template by the design functions in consultation with CFT 1.1 Organisation-level risks – Developing risk assessment templates The design of the risk template ought to be comprehensive and should capture the following in a document. i)Risk statements developed by each Head of Department-HOD of the design functions i. e. Chief Architect or & Chief Interior designer or & Chief MEP engineer as applicable vis a vis the aspects such as:· End customer’s changing needs · Competitor’s offerings · Statutory policies· Changes in economic, political, and social environments· IT (Hardware, software, network) outages impacting design delivery, etc. ii) Thereafter, each risk statement is to be analyzed to capture the likely adverse impact of each risk on the organization iii) After analysis of impact, HODs need to capture (in the same template) countermeasures, Timelines for implementation & responsibility for implementing countermeasures. This may require dialoguing/interfacing with HOD of other functions like sales, projects, purchases, and contracts, Finance & legal, IT, etc. iv) Top management comments on risk impact and countermeasures identified in the template. iii)Accordingly, categorizing the risk as High or medium, or low 1.2 Activities that can adversely impact business§ Inappropriate levels /positions of CFT members vis-à-vis “Design functions” and consequent inadequate skills for comprehending organization risks § Inadequate participation by a nominated member of “Design functions” in deliberation meetings of CFT for identifying organization risks. § Inappropriate software development and workflow of “organization level risks” template (standard for all functions) making risk capturing cumbersome and inefficient § Non-comprehensive review by CFT of all aspects vis-à-vis “Design functions -” that can contribute to Organisation risks in the Risk template resulting in inaccurate/non-comprehensive capturing of the following: * § Risk statements § Risk Analysis and implications· Inaccurate classification by CFT of risk at the organization level (High, Medium, or Low) vis-à-vis “Design functions” due to improper risk analysis and implications *· Inadequate time commitment by top management to review Risk template developed by CFT vis-à-vis “Design functions” and hence non-comprehensive or not accurate capturing of countermeasures *· Non-periodic/non-timely review of previously populated risk template in “Design functions to incorporate changes in business environments like customer demands, statutory changes, economy changes, and so on *The above-listed activities, that are marked* reflect activities that can have adverse statutory implications. Handbook of the author You can read more about the 35 activities that can adversely impact business in Chapter 1 of my handbook ETHICS in the real estate and hospitality industry, Volume 1- Architectural, Interior design, and MEP services “ Handbook of the author A template illustrating an approach for classifying risks as High, Medium, or Low at the organization level is included in chapter 10 (annex 13C) in the handbook of the author and titled” ETHICS in the real estate and hospitality industry, Volume 1- Architectural, Interior design, and MEP services “
Designing of Façade: activities that can adversely impact business
Design activities include design work for facades of all types, such as Aluminium, UPVC Glazing, brickwork, and stonework, metallic cladding, tiles and stone veneer panels, and pre-cast concrete panels, etc. A robust façade design should typically include aspects such as Building envelop, Building statutory codes, Performance of façade, Construction methods for proposed façade, Maintenance of façade, renderings for sales promotion/marketing purposes, cleaning system for facade Generally, there are 5 design stages for designing façade · 1 Develop Concept designs · 2 Develop a Detailed design · 3 Develop Tenders (Technical design aspects · 4 Estimating Costs · 5 Issuing As-built drawing Issuing as-built drawings may require using Façade design software such as Fenestra, Autodesk Revit, AutoCAD, ETAB, etc., and other software options. The below-listed activities, those marked *reflect those activities which can have adverse statutory implications. Stage 1 activities that can adversely impact business · Not obtaining or not incorporating inputs (like Building Envelop, Building statutory codes, Performance of façade, Construction methods for proposed façade, Maintenance of façade, Renderings for sales promotion, cleaning system for façade) from Architect, MEP, sales teams’ functions into Building Façade design · Using unlicensed software while developing a concept design for Façade. · Not vetting the concept and detailed design/making compromise while vetting Façade, in collaboration with, inhouse or outsourced Façade consultant, by skipping or compromising on essential design features and drawings aspects such as below. · Tolerances on material specifications and Workmanship · Statutory code-related requirements for Façade * · National and international standards for quality · Raw Materials (hardware, glazing, stones, claddings, etc.) sizes, and specifications · Quality requirements and suggestive gauging · Façade safety requirements * · Compromising on the safety of the Façade by proposing low cost /low strength raw materials · Bribing mandatory Agencies which approve the Façade. relevant for issuing compliance* Stage 2 activities that can adversely impact business · The design intent is not aligned with the approved concept design. · Façade detailed drawings are not comprehensive to include structural integrity, material selection, acoustics, etc. or are not accurate · Detailed design not based on supporting calculations/formula related to thermal movements, edge beam deflection, thermal expansion, structural calculations, and fire protection leading to façade safety issues* Stage 3 activities that can adversely impact business · In the tender, Façade Architect includes names and brands of specific materials only for pre-identified /preferred vendors of Façade Architect in return for commission/kickback from such vendors. · Façade Architect recommends only a single source for many BOQ materials and thus leaving very few options with the project materials team to negotiate prices aggressively in return for commission/kickback from such vendors. * · Tender drawings do not incorporate applicable quality standards for all works. · Inspection requirements w.r.t. façade works like aluminum and glass, doors, hardware, stones, etc., are not comprehensive. · Tender drawings not incorporating applicable statutory requirements vis-a-vis applicable national/international codes w.r.t safety. * Stage 4 activities that can adversely impact business Computing Façade costs based on thumb rules rather than on the first principal basis vis-à-vis following, leading to underestimating or overestimating project costs. Costs of raw materials like Aluminium or UPVC or civil materials · Costs of doors and handles · Costs of hardware · Costs of consumables · Costs of equipment for cleaning /maintenance of Façade · Costs of fabrication · Costs of labor etc. · Costs of installation, testing, and commissioning Stage 5 activities that can adversely impact business · Façade Architect issuing “As-built drawings” for the Façade which are aligned to earlier approved drawings by Project head and statutory authorities (if applicable) but at variant, vis-à-vis actual completed physical construction (in terms of approved façade plans and construction materials used, etc.) * Handbook of the author You can read more about the 20 activities that can adversely impact business in Chapter 1 of my handbook ETHICS in the real estate and hospitality industry, Volume 1- Architectural, Interior design, and MEP services “
Statutory regulations -Activities that can adversely impact business -Design of Architects
For the 13 key functions applicable to the real estate & hospitality industry (as listed by the author in his book), 48 Statutory Acts have been identified as directly applicable and 34 Acts indirectly applicable through supporting functions like corporate finance, Corporate Services, HR, etc.Further, for these 13 functions, 8 types of statutory processes having 113 key statutory activities have been identified as applicable in the Indian context.For the Design of Architects function,5 types of statutory processes are directly relevant with 46 key statutory activities (out of 113 identified) are required to be performed as summarised below · Meeting RERA Compliances =4 · Meeting statutory regulations and taxation obligations =2· Obtaining Licenses, approvals, and maintaining statutory records w.r.t Statutory Acts =24· Complying with IGST matters =13· Deducting Income tax on services-TDS =3The list of 46 activities mentioned above is given in the book of the author and the website https://www.ethicalprocesses.comGiven below is the list of 18 activities that can adversely impact business is as below (if these are performed without proper diligence or are unethical)Statutory Process 1: Meeting RERA Compliances related =4 key activities· Commence construction without obtaining sanction plan approvals from competent authorities · Obtain “certificate for adherence to statutory/approved sanctioned plans and project specifications and National Building code” through unfair means in case actual construction does not comply with sanctioned plans · Submit inaccurate deed of declaration tabulating unit-wise areas constructed and bribing statutory agencies · Bribe statutory agencies for obtaining a “completion certificate” even before construction is complete to dupe customers and realize payments through constructions areas not yet ready for possession. Statutory Process 2: Meeting statutory regulations and tax obligations and filing various key returns on the scheduled time =4 key activities · Publish inaccurately on the website, project details vis-à-vis units booked, units under construction, list of approvals taken and pending, and the status of the project as prescribed in the RERA-Real Estate (Regulation and Development) Act 2016 · Inaccurate capture of details vis-à-vis summary return of outward and inward supplies and services along with payment of tax compliance in respect of the Goods and Service Tax Act,2017. · File returns inaccurately · File returns non-timely Statutory Process 3: Obtaining Licenses, approvals, and maintaining statutory records w.r.t Acts=4 key activities· Commence and Continue construction without obtaining such approvals/renewals as one or more (15 sub-activities identified and listed in the book). · Not comply with prescribed statutory procedures and bribing Statutory officials for obtaining such licenses /approvals. · Bribe the statutory inspectors during their visits to the construction site, to validate those constructions conforms to statutory approvals · Not maintain or maintain and submit inaccurate statutory records and bribe visiting Statutory officials. Statutory Process 4: Complying with IGST matters=5 key activities · Maintain record vis-à-vis inward or outward supply of local architectural services or inward supply of BOQ sample materials procured which are either incomplete or incorrect vis-à-vis amounts chargeable to GST or rate of GST or both · Maintain incomplete or incorrect records vis-à-vis inward supply of overseas consultant services or inward imported supply of BOQ sample materials procured from vendors · Not comply with requirements w. r. t. GST payable, collected, paid and ITC availed under GST rules for local consultants.In case of overseas consultancy services received, incorrect computation of chargeable gross invoice amount on which GST is applicable (based on the availability or non-availability of PAN with overseas consultant entity and overseas consultant’s annual billing amount to us as a client). · Not-Comply with requirements w. r. t maintaining details of suppliers and customers with their GSTN registration number · File required returns non-timely vis-à-vis applicable sections of the Act Statutory Process 5: Deducting TDS-services=1 key activity · Deduction of TDS at a rate different than prescribed for local consultants. Handbook of the author You can read more about the 18 key activities that can adversely impact business in Chapter 1 of my handbook ETHICS in the real estate and hospitality industry, Volume 1- Architectural, Interior design, and MEP services “
The purpose of this book is to provide some practical ideas to Architects, interior designers, and MEP designers to enhance their skills in delivering design excellence.:
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