1.RICS Rules Flashcards

1
Q

Why do the RICS have codes of conduct?

A

To protect customers through a strict regulation of professional standards and to ensure members have clear guidance on their professional conduct.

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2
Q

What are the RICS rules of conduct for members?

A

Ethical behaviour; competence; service; CPD; solvency; submission of information to RICS; cooperation with RICS.

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3
Q

What are the RICS rules of conduct for firms?

A

Professional behaviour; Competence; Service; Training and CPD; Complaints handling procedure; Client’s money; PI insurance.
Administrative compliance including: advertising rules, maintaining solvency, arrangements to cover incapacity/death of a sole practitioner, use of designations, submission of info to the RICS; cooperation with RICS.

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4
Q

What is the difference between RICS ethics and rules?

A

Ethics are ways in which everyone should behave they are key principles. The rules govern the behaviour of members and member firms.

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5
Q

What are the five RICS professional and ethical standards?

A

Act with integrity
Always provide a high standard of service
Act in a way that promotes trust in the profession
Treat others with respect
Take responsibility

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6
Q

What are the steps of decision trees

A
  1. Do you have sufficient facts on the issue
  2. Is it legal
  3. Is it in line with RICS global professional and ethical standards
  4. Have you consulted with appropriate people to make an informed decision
  5. Do you have clear reasoning in reaching your decision? Is your decision informed?
  6. Would you be content for your actions to be made public - in the newspapers or on the internet?
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7
Q

If a friend asks for your advice as a QS for her new house, will you give her/him advice?

A

I would not give this advice as I do not have Professional Indemnity Insurance and would encourage the friend to seek advice through your company being careful to acknowledge any conflict of interest for yourself.

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8
Q

What is the process to set up your own company?

A

-Contact RICS and request a new firm starter pack.
-Take out and maintain adequate insurances (PI, Public liability, employer’s liability).
-Request to be regulated by the RICS. (Firm details form).
-Comply with RICS Rules of conduct for firms.
Stipulate if you will be handling client money, and identify adequate procedures if you will be.
-Establish a complaints handling procedure.
Staff development and training processes.

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9
Q

What if you had more than 5 staff? (Registration of firms)

A

Establish & Implement a Health and Safety Plan.

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10
Q

What is RICS complaints handling procedure guidelines?

A
  • Complaints handling procedure must be included within Terms of Business/appointment letter.
  • Firm must have a designated senior manager/complaint handler to respond to claims.
  • Notify PI insurers if complaint may give rise to a claim.
  • If a complaint cannot be resolved, it should be referred to an independent third party with the authority to award redress.
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11
Q

What is a conflict of interest?

A

It is anything that impedes or might be perceived to impede an individual’s or firm’s ability to act impartially and in the best interest of a client?

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12
Q

What would you do if you identified a conflict of interest?

A

If a conflict is identified, there needs to be robust rules in place regarding declarations, transparency and resolution. If a conflict has been identified and there is justification to knowingly proceed, you must declare the existence of the conflict to all relevant parties and secure their written agreement to proceed. Identify how you are planning to deal with the conflict if a decision is agreed to proceed.

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13
Q

What is the RICS decision making tree?

A

A mechanism provided by the RICS to aid with decisions ‘To proceed or not to proceed.’
Questions asked include; Do I have enough information, is it legal, is it in line with RICS ethics standards, have I consulted appropriate people to make an informed decision, is my decision informed, would I be content for my actions to be made public?

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14
Q

When would it be acceptable for a subcontractor to take you out to dinner?

A

It is recommended to decline such offers however, they may be considered when there is a genuine business purpose with no wrongful or perception of wrongful intent.

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15
Q

If a contractor offered to buy you a sandwich after a valuation, how would you approach this?

A

I would politely decline the offer. However, if the contractor would not take ‘no’ for an answer and there was no wrongful intent, I would offer to pay half.

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16
Q

What about a client taking you out to dinner?

A

I would advise the subcontractor that I would be unable to accept any offering and would immediately report the matter to my senior management.

17
Q

What insurances would you require if you were setting up your own firm?

A

There are three main insurances needed: professional indemnity, public liability and employer’s liability.

18
Q

What is PI insurance?

A

Cover for claims for damages incurred as a result of negligent acts or omissions against previous and current work.

19
Q

What are the levels of PI insurance required in the RICS code of conduct and what are the given turnover rates they relate to?

A

Turnover £100,000 or less, minimum level of indemnity required £250,000. Turnover £100,001 to £200,000, minimum level of indemnity required £500,000. Turnover £200,001 and above, minimum level of indemnity required £1,000,000.

20
Q

If a client sues you as a result of your negligence what do you do?

A

Inform the RICS of the complaint and proceedings. Inform my PI insurer, seek to rectify the situation through negotiation firstly and seek legal advice.

21
Q

What is run off cover?

A

PI cover held after a firm ceases to trade or ceases to be involved in a project. RICS advises that firms that cease to trade hold run-off cover for a minimum of 6 years. Collateral warranties will often stipulate that a level of PI cover must be maintained for a run-off period of 10-12 years after practical completion on a project.

22
Q

Why does the RICS want you to have PI Insurance?

A

It is known that Chartered surveyors are required to have PI Insurance and therefore the public see this as a benefit as they are confident they have the backing and are more likely to seek services knowing they are protected.

23
Q

What is client’s money?

A

Clients’ money is any money received and held by a firm such as:
• tenant’s deposits;
• rents;
• service charges;
• interest (if in an interest bearing client account);
• arbitration fees;
• fee money taken in advance;
• clients’ money held but due to be paid to contractors;
• money held by members appointed as a Receiver; and
• Sale proceeds.

24
Q

What advice does the RICS offer about firms handling client money?

A

Client money should be held and maintained in a separate account and should be clearly linked to the client’s to whom the money belongs and be suitably protected on their behalf.

25
Q

Is your current employer a RICS regulated company?

A

Currently RLB Melbourne office is not RICS regulated company. But I believe we share the same principle and aim during the business, which reflect the RICS five ethic and professional standards.

26
Q

What can you get expelled from RICS for?

A

Criminal conviction, not paying membership fees, not renewing PI insurance, not completing CPD, misconduct under codes of conduct.

27
Q

What are CPD requirements?

A

RICS rules for members state that ‘Members shall undertake and record appropriate lifelong learning and, on request, provide RICS with evidence that they have done so’. A minimum of 20 hours per year should be recorded.

28
Q

Who is the RICS CEO

A

Sean Tompkins

29
Q

What does Sean Tompkins do?

A

Sean Tompkins supports our Governing Council in defining its strategic priorities and goals and is accountable to the Management Board for the global performance of RICS

30
Q

Name the President & Board members? (Globally)

A

The current RICS president is Amanda Clack, appointed in June 2016 and John Hughes is President Elect, appointed at the same time.
Sean Tompkins has been the chief executive since 2010.
Will Myles is the Managing Director, Asia Pacific

31
Q

RICS Oceania Region Board Member

  • Chairman
  • Oceania Managing Director
A

Chairman - Murray Coleman

Oceania Managing Director - Stephen Albin

32
Q

What does the RICS do?

A

RICS is a professional body that accredits professionals within the land, property and construction sectors worldwide. The RICS regulates and promotes the profession; maintains professional standards, protects clients and consumers via a strict code of ethics, and provide impartial advice and guidance.

33
Q

What do you see as the main role and function of the RICS?

A

To set and regulate the highest standards of competence and integrity among members and to provide impartial advice on key issues for business, society and governments worldwide. RICS offers advice on property, construction, dispute resolution and environmental issues to various clients and the public.

34
Q

Why do you want to become chartered?

A

To be recognised as a qualified professional and be associated with a brand that represents the highest standards of professional practice and integrity within the industry.

35
Q

What is the motto of the RICS?

A

Est Modus in Rebus’ - There is measure in all things.

36
Q

What is RICS registered charity and what does it raise funds for?

A

The charity is called ‘Lionheart’ and provides support for past and present RICS members suffering hardship.

37
Q

Who is RICS Presidence

A

John Hughes