6. Rules of Conduct Flashcards

1
Q

What is the difference between RICS ethics and rules of conduct?

A
  • Ethics are a set of moral values.
  • Rules of conduct are a framework that we work to.
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2
Q

Why did the previous Rules of Conduct change?

A
  • The previous rules had been in place since 2007.
  • Following research and consultation with RICS Members, Firms and Members of the public, the majority voted in favour of replacing the existing Rules of Conduct and separate Global Professional and Ethical Standards.
  • This was to provide a single document to enable greater clarity for RICS members and firms.
  • I also understand there is now a greater focus on clearer example behaviours, understanding evolving technology and tackling climate change
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3
Q

Talk us through your understanding of the Rules of Conduct changes?

A
  • The Rules of Conduct October 2021 Global Practice Statement will overhaul the previous separate
    documents:
    o Rules of conduct for Members.
    o Rules of Conduct for Firms.
    o Global Professional and Ethical Standards.
  • Appendix A of the Rules of Conduct now contains the professional obligations of Members and Firms.
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4
Q

Why does the RICS have Rules of Conduct?

A
  • To provide a framework that we can all work to and so the client knows he is getting a set level of service.
  • As well as being an important tool for the Institution, the Rules of Conduct are also a useful professional guide for individual institution members.
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5
Q

Your brother-in-law is a chartered surveyor. You find out that he is working outside the RICS Rules of Conduct. What do you do?

A
  • I verify the facts and confront him reminding him of his duties as a member of the RICS.
  • I inform the RICS specifying my relationship to the person and any corrective action which I believe my brother-in-law is committed to put in place.
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6
Q

In the case of a breach of a rule of conduct what is the procedure?

A
  • The first step is A formal investigation by the Head of Regulation of the RICS
  • The RICS can request information and/or visit and inspect to investigate compliance.
  • Members must cooperate fully with all enquiries.
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7
Q

What is Rule of Conduct 1

A

Members and firms must be honest, act with integrity and comply with their professional obligations including obligations to RICS

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8
Q

What is Rule of Conduct 2

A

Members and firms must maintain their professional competence, and ensure services are provided by competent individuals who have the necessary experience

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9
Q

What is Rule of Conduct 3

A

Members and firms must provide good quality and diligent service

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10
Q

What is Rule of Conduct 4

A

Members and firms must treat others with respect

and encourage diversity and inclusion

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11
Q

What is Rule of Conduct 5

A

Members and firms must act in the public interest,

take responsibility for their actions

and act to prevent harm

and maintain public confidence in the profession

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12
Q

What is the difference between RICS ethics and rules of conduct?

A

Ethics are a set of moral values.
Rules of conduct are a framework that we work to.

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13
Q

What are the New Rules of Conduct?

A

Rule 1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

Rule 2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Rule 3. Members and firms must provide good-quality and diligent service.

Rule 4. Members and firms must treat others with respect and encourage diversity and inclusion.

Rule 5. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

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14
Q

Why did the previous Rules of Conduct change?

A
  • The previous rules had been in place since 2007.
  • Following research and consultation with RICS Members, Firms and Members of the public, the majority voted in favour of replacing the existing Rules of Conduct and separate Global Professional and Ethical Standards.
  • This was to provide a single document to enable greater clarity for RICS members and firms.
  • I also understand there is now a greater focus on clearer example behaviours, understanding evolving technology and tackling climate change
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15
Q

Why does the RICS have Rules of Conduct?

A

To provide a framework that we can all work to and so the client knows he is getting a set level of service.

As well as being an important tool for the Institution, the Rules of Conduct are also a useful professional guide for individual institution members.

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16
Q

Explain your understanding of Rule Number 1

A

Having reviewed the example behaviours I understand members and firms should not allow themselves to be influenced improperly through the acceptance of work referrals, gifts and hospitality

Members and firms must also be sure to identify conflicts of interest and not provide services or advice where these conflicts of interest occur

Reduced impartiality due to an existing relationship for example with a main contractor who has subsequently been selected to submit a tender

17
Q

Explain your understanding of Rule Number 2

A

For example is a junior surveyor undertakes a complex valuation due to resourcing issues, this would be breaking rule 2

18
Q

Talk us through your understanding of the changes

A

The rules of Conduct October 2021 Global Practise statement overhauled the previous separate documents:
* Rules of conduct for members
* Rules of conduct for firms
* Global professional and ethical standards

19
Q

Explain your understanding of Rule Number 3

A

I must understand the clients’ project specific requirements before acting on their behalf

Clients’ scope of services should be agreed along with any exclusions and timescales for achieving each of the deliverables before signing up to formal terms of engagement

20
Q

Explain your understanding of Rule Number 4

A

I need to ensure that everyone is treated fairly and look to eliminate any instances of discrimination on the basis of age, disability, gender, pregnancy, race, religion

RICS firms must also adopt a no tolerance of bullying or harassment policy

21
Q

Explain your understanding of Rule Number 5

A

We are required to ensure that when my firms make public statements, we need to ensure these do not undermine public confidence in the profession

Members and firms are required to question practices and decisions that they suspect are not right and raise concerns with colleagues

In complying with Rule 5, a useful sense check to ensure compliance is to ask ourselves if we would be comfortable in standing behind our actions if these were brought into the media or a public forum

22
Q

What is the RICS Decision Tree?

A

Flowchart to help members decide how to act in difficult situations where their professional ethics may be at stake

23
Q

What factors does the RICS Decision Tree consider?

A
  1. Sufficient facts
  2. Legality
  3. Ethical standards
  4. Consultation of appropriate people
  5. Clear reasoning
  6. Impact if actions made public
24
Q

What are your obligations as a member?

A

Members must comply with the CPD requirements
Members must cooperate with RICS
Must promptly provide all information requested by the Standards and Regulation board

25
Q

What are the firms obligations?

A

Publish complaints handling procedure with a complaints log
Must ensure all work is covered by sufficient PII
Firms with a sole principal must ensure their professional work is covered in case of death or inability to work
Firms must cooperate with RICS
Must provide all information requested by Standards and regulations board