ESTATE SURVEYORS AND VALUERS REGISTRATION BOARD OF NIGERIA

Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON), otherwise known as the Board, is a body corporate with perpetual succession and common seal. It is a creation of the Federal Government of the Federal Republic of Nigeria under Decree No 24 of 1975 (now Estate Surveyors and Valuers Registration Act, CAP E13, LFN, 2007) charged mainly with the regulation of the estate surveying and valuation practice in all its ramifications in Nigeria.

Functions of ESVARBON

Section 2 of the Act: The Board is charged with the general duty of: 

1. determining who are Estate Surveyors and Valuers for the purposes of this Act.
2. determining what standards of knowlegde and skill are to be attained by persons seeking to become registered as Estate Surveyors and Valuers and reviewing such standards from time to time for the purpose of raising them;
3. Securing in accordance with the provisions of this Act the establishment and maintenance of a register of persons entitled to practice as Estate Surveyors and Valuers and the publication from time to time of the lists of such persons;
4. Regulating and controlling the practice of estate surveying and valuation (hereafter in this Act referred to as “the profession”) in all its aspects and ramification; and
5. Performing the other functions conferred on the Board by this Act.

The Board functions through a Secretariat run by the Registrar who is the head of administration and the livewire of the Board. The Board conducts its business and considers her Committees reports and recommendations from time to time or as the need arises. Talking about Board’s Committees, the Board functions by Committee system, each of the Committee is headed by a Chairman. The respective Committee has a specific professional related issue to handle, but final decision and implementation of any of the Committee’s recommendations is the prerogative of the Board.

Membership of ESVARBON

Section 3 of the Act:

(1) Subject to the provisions of this Act, the Board shall consist of –

1. a Chairman who must be a person of distinction in the profession to be appointed by the Minister on the recommendation of the Nigerian Institution of Estate Surveyors and Valuers (hereafter in this Act referred to as “the Institution”).
2. five persons to be appointed by the Minister of whom at least one but not more than two shall be employed by the Ministry under his control and the others not so employed shall be appointed by him from amongst other interests in the field of estate surveying and valuation covered by this Act, which in the opinion of the Minister ought to be adequately represented;
3. six persons to be appointed by the Minister to represent the States in rotation for two years at a time, no two of whom shall come from one State at any one time;
4. Six persons elected by the Institution in the manner for the time being provided by its constitution;
5. four persons nominated by the Universities and appointed by the Minister one each from any four of the Universities offering courses leading to an approved qualification.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Board, powers and procedure of the Board and the other matters therein mentioned.

(3)  The Minister may make regulations to provide for increasing or reducing the membership of the Board, and may make such consequential amendments of paragraph 1 of the First Schedule to this Act as the Minister deems fit.

Directions by the Minister: Section 5 of the Act:

(1) The Minister may give to the Board directions of a general character or relating to particular matters (but not to any individual person or case) with regard to the exercise by the Board of its functions, and it shall be the duty of the Board to comply with the directions.

(2)  Before giving a direction under subsection (1) of this section, the Minister shall serve a copy of the proposed direction on the Board and shall afford the Board an opportunity of making representations to him with respect to the direction; and after considering any representations made to him pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations.

 The Committees of ESVARBON and that of NIESV

ESVARBON and NIESV and are run through a system known and regarded to as committee system. The committee system is a system in which various committees are set-up and each committee with a mandate of developing policies in particular areas for the total welfare of the Institution and the Board. This system delegates duties to committee and the decision taken is the collective responsibility of the Council or the Board. The NIESV which is known as the Institution consists of nine (9) committees which are created based on the needs, purpose and convenience of the Institution. The governing body of the Institution is known as the National Council.

The Committees of ESVARBON

The Board is made up of the following committees:

1. Professional Practice Committee: This Committee or body is responsible for monitoring the ethics of Estate Management practice. They monitor misconducts of professionals in the field. The Committee will have a list of all the members who are registered. They review all the practices, trends and innovation in the economy and streamline them in accordance with professional practice of estate management. The Committee sanction gives those who perform misconduct. They are also an investigative panel.
2. Disciplinary Committee – this Committee is made up of a Tribunal which is called the Disciplinary Tribunal of Estate Surveyor and Valuers. It consists of the Chairman of the board and eleven other members appointed by the board with four of the members will hold executive offices. They also conduct investigations as well as make the right decision on cases to be referred to the tribunal  

• Investigation Committee: This Committee looks into the way and manner the practice is being carried out. They visit estate registered firms that are as well as carry out thorough investigations on issues of disputes, misconduct and other matters which affect the profession. The panel conducts its findings with evidence and report the cases to the Board for proper deliberation and judgment. If the need arises, the tribunal then takes over such cases.

1. Rule and Regulation Committee: This Committee is the law maker in the board. It makes laws and ensures that members adhere to such laws.
2. Finance and General Purpose Committee: The Finance and General Purpose Committee shall, subject to the financial provision of the constitution and/or regulation made thereto, manage funds that belong to of the institution.

The Committees of NIESV

NIESV has the following distinct Committees, which are created based on the need, purpose and convenience of the Institution. These are:

1. Management Committee: The management committee is the committee of all the committees because in the absence of full council, the management committee takes vital decisions, which council will have to ratify. It is the only committee that has power to take decision on sensitive issues that affect the policy, planning finance and other matters affecting the profession. Membership of this Committee consists of only ‘Officers of Council’ and two co-opted members. These are:

• The President
• The First Vice President
• The Second Vice President
• The National Secretary & Assistant
• The National Treasurer
• The National Publicity Secretary & Assistant
• Two co-opted members outside of Council Members.

The purpose is that, at each point in time the Management Committee is in a position to take action and decisions on sensitive matters that affect not only the day-to-day running of the Institution. The President is the Chairman of the Management Committee; or in the absence, the First Vice President stand in.

1. Membership Committee: This Committee is responsible for appraising prospective candidates for registration and admission as members of the Institution and for their election and transfer to subsequent grades of memberships. Its functions include are:

• To examine and approve topics, synopsis, and critical analysis/these of probationers for purpose of the test of professional competence and to make recommendation on same for the approval of council through the management committee.
• To interview probationers and candidates for election into the associates grade of membership of the institution and to make recommendations on same for approval of council through the Management Committee.
• To screen applications from Associates who are candidates for transfer to the fellowship grade of the Institution and to make recommendation on same for the approval of the National Council through the Management Committee. The First Vice President chairs this Committee.

1. Professional Practice Committee: The Professional Practice Committee is the ‘watch-dog’ for the proper practice of the profession and directs members on the ethics and standards of practice of the professional body. Consequently, all matters and/or issues bothering on the profession and disputes between individuals or practicing firms are reported to this Committee. Where the matter bothers on criminal conduct, or on strict legality, the matter is referred to the Registration Board (i.e. ESVARBON). This Committee is responsible for –

• Developing and establishing appropriate standards professionals practices for members of the institution.
• Determining the eligibility of members of the institution establish private professional practice; and
• Recommending suitable sanctions and other discipline actions for erring members.

On any case investigated, the Committee makes recommendations as deemed appropriate to the National Council for consideration and approval. the Second National Vice President heads this Committee.

1. Education Committee: The Education Committee’s functions are to:

• Determine the suitability of members of other professions who want to become Estate Surveyors and Valuers; and determine the admission requirements of candidates for the various levels of NIESV professional examinations;
• Organise training courses at all levels for candidates of NIESV professional examinations;
• Evaluate overseas or other qualifications of candidates wishing to become Estate Surveyors and Valuers;
• Conduct the professional examination of the institution at all levels;
• Formulate the education policy of the Institution and how best this suits the requirements of the Institution. This includes reviewing from time to time rules and syllabuses for the professional examination.

The Education Committee is usually headed by an experienced academically qualified elected and registered member, usually a Fellow of the Institution, and who also should be a member of the National Council of NIESV.

1. Finance and General Purpose Committee: The functions of this Committee are as follows:

• To propose and review from time to time appropriate sources of funds for financing approved development projects and other authorised activities of the Institution and to liaise with Committees of   the   National Council of NIESV   and   the   Branches   of the Institution on all financial matters.
• To prepare and present, through the Management Committee for the approval of the Council, the Annual Budget and the account of the Institution on annual basis.
• To formulate   and  recommend   through   the   Management Committee for the approval of the Council, proposals for:
• The opening of banks accounts for the institutions
• The choice of investment for the Institution.
• The remuneration attached to the various positions and job titles at the Secretariat.
• To deal with all matters connected with registration and employment of contactors, consultants and suppliers of the Institution at the direction of the Council, including contract job services and supplies from registered contractors consultants and suppliers and awarding contracts for jobs services and supplies.
• To ensure that various projects embarked upon by the institution, including the budgets approved for them are maintained within affordable limits and that the employment of contractors and consultants for major projects for the institution conform to establishment process.

1. Corporate Affairs Committee: The Corporate Affairs Committee is responsible for the following activities:

• Corporate promotion of the Institution
• Publication of the newsletter and the Institution’s journal
• Planning and organising Annual Conferences
• Presidential press briefing
• Establishing the Institution’s library
• Dealing with and retaining public relation consultants
• Organising the award night and the induction dinner for fellows.

The National Publicity Secretary is its Chairman.

1. Continuing Professional Development Committee: This Committee is to organise Lecturers, Seminars, Symposia and workshop for members. The aim is to empower members posess the ability to meet up with the dynamic nature of the profession; to be able to cope with changing technological demands on the profession; and to be able to fit into the new world economic order. Consequently, there is the need to develop a programme for the continuos education of Estate Surveyors and Valuers, especially refresher courses in new appraisal methods, valuation methods and other areas thus become inevitable. This is aimed at putting the Estate Surveyors and Valuers in an ever ready position to meet the demands of changing times and methods in the practice of this profession.
2. Research Committee: The Research Committee is charged with identifying areas in the profession where research work is necessary. It organises the modus operandi for the research, including choosing the topic, appointing the Research Officer(s), and implementing the Research.
3. Statues Committee: This Committee is charged with the responsibility of initiating the rules/regulations controlling the practice of the profession. It initiates actions as to any addition, subtraction, or amendment to existing constitution or bye-laws, controlling the practice of the profession. Where any section of the NIESV constitution becomes stagnant or no longer applicable, it is the duly of the Committee to initiate action to amend it. It is the defender and custodian of the Institution’s Constitution and Bye-laws.

Other equally important Committees of NIESV are:

• Privileges Committee
• Legal Matters Committee
• The Editorial Board for the NIESV professional journal – ‘The Estate Surveyor and Valuer’.

Differences between ESVARBON and NIESV

ESVARBON objects

• To determine who is an Estate Surveyor and Valuer for the purpose of the degree.
• To determine the standard of knowledge and skill to be attained by a person seeking to become a registered Estate Surveyor and Valuer.
• To establish and maintain a register of person entitled to practice as Estate Surveyor and Valuer and publish from time to time the lists of such persons.
• To regulate and control the practice of estate surveying and valuation profession in all its aspects and ramifications.
• To perform other functions conferred on the Board by the Act.

NIESV objects

• To establish high and reputable standards of professional conduct and practice in the landed Property throughout the Federal Republic of Nigeria.
• To secure and improve the technical knowledge that constitutes Land Economy, Real Estate and Allied Matters, Valuation and Appraisal of Plant, Machinery & Business Asset, Land and Facilities Management, Building Maintenance, Property Development and Investment, and Town and Country Planning, as well as Land Administration Systems.
• To facilitate the acquisition and dissemination of such knowledge by establishing Training Institution and working in close collaboration with universities, other institutions of higher learning and other professional bodies.
• To promote the general interests of the profession and to maintain and extend its usefulness for the public good by advising, educating and informing members of the public, government departments, statutory bodies, local governments, associations, institutions and such like bodies on all matters coming within the scope of the profession.
• To initiate and consider any legislation relevant to the objects of The Institution.
• To endeavour to acquaint the public with the role of the Estate Surveyor and Valuer in the economic development of the country.
• To enter into contracts, agreement, arrangements or joint ventures with member firms or individuals, company, trust, government, society, organisation, Institution, authority for the purpose of delivering complex professional services to a third party in the profession of Estate Surveying and Valuation and other professions.
• To engage in any other lawful activity(ies) which may be conducive to the promotion of any or all the objects of the Institution mentioned above for profit or no profit purposes.

Other related differences are:

• NIESV is an Association/union while ESVARBON is a statutory body established by statute to perform specified functions.
• NIESV elects members into the Institution while ESVARBON registers those that have been duly elected as Associate Member by NIESV. In other words, NIESV conducts ELECTION INTERVIEW while ESVARBON conducts REGISTERATION INTERVIEW.
• NIESV determines the entry level of interested potential members through appropriate screening. The various levels of membership are: student member, Associate member, Fellow, etc. while ESVARBON determines who are Estate Surveyors and Valuers through registration interviews in strict compliance with the relevant provisions of the Act that established the Board.
• NIESV conducts professional examinations and equally conduct interviews in order to appropriately determine the respective membership attainments; while ESVARBON accredit estate management and valuation programmes in tertiary institutions. Furthermore, ESVARBON establishes and maintains a register of registered Estate Surveyors and Valuers entitled to practice as Estate Surveyors and Valuers and the publication from time to time of such register.
• NIESV registers and controls the practice of those that are to become members while ESVARBON regulates and controls the practice of estate surveying and valuation through her rules and regulations and other guidelines meant to give the profession the desired growth and direction.
• NIESV has ‘code of professional ethics and practice’ – the codes of conduct are put in place ensure ethical practice; while ESVARBON has ‘RULES AND REGULATIONS’ for those that have been registered in order to comply with the extant law that creates the profession of estate surveying and valuation in Nigeria.