Conduct, Rules, Ethics and Professional Practice Flashcards
What are Synergy’s Gift Policy?
You cannot accept anything that could affect your impartiality but specifically it cannot exceed £50. Everything is declared on register and it is raffled for everyone winning.
If I am a contractor and I have this pen in my hand and give it to you, would you accept it?
Yes, I can accept items that are promoting another business but I will not accept it, if it was made out of gold unbranded.
Would you accept a bottle of wine?
I would politely decline the bottle of wine. I would question the timing of the gift and would not accept.
Tell me about your company’s antibribery policy?
Synergy have an anticorruption and bribery policy 2019 and a Gifts and Hospitality Policy. It outlines how the members of the organisation should Act
What procedures does your company have in place to deal with Bribery?
Synergy have an Anti-corruption and bribery policy. It states that there is zero tolerance approach to corruption and bribery policy, training and guidance. The business carries out risk assessments of all business activities, employees, business partners and countries in which it operates. All staff will accept responsibility for preventing, detecting and reporting corruption and bribery as per the Act.
A contractor wants to give you a case of wine, would you accept this?
Kindly thank them but decline the offer- acceptance would be against professional conduct.
Your client is going away on holiday for two months and wants to leave you with £2,000 in cash to pay your fees over this period, what would you do? Are there any alternative approaches they could take?
Set up Client Account and follow the RICS Practice statement. Ensure the account is properly named and make sure it is never overdrawn. Ensure the client has access and ensure there is a record of all transactions that they can be privy too.
Give an example of where you have adhered to one of the 5 ethical standards?
1) Act with Integrity – Honest and Transparency, reject gifts from contractors – golf day – Thomas More Language College
2) Act in a way that promotes Trust in profession – always follow the ethical standards and this promotes confidence in the profession
3) Always provide a high level of service – I always act within my scope of confidence and will recommend a structural consultant when the client asked whether the column could be removed
4) Always take responsibility – always acting professional – I spotted a H&S risk on site where the scaffold boards had been moved. I recorded the incident and ensured that the boards were put back as it was a risk from falling from height
5) Always treat others with respect – treating everyone the same in my professional and personal life.
What are the International Ethical Standards (10)?
A FIRST TLCC – Accountability Financial Responsibility Integrity Reflection Standard of service Transparency Trust Lawfulness Confidentiality Conflict of Interest.
What are the RICS code of conduct for members/firms?
9 rules for members, and 15 for firms. 1. Interpretation 2. Communication 3. Ethical Behaviour 4. Solvency 5. CPD 6. Service 7. Information to RICS 8. Cooperation 9. Competence (Members)…
Interpretation Communication 9. Professional Behaviour Competence Service Training Solvency Information Cooperation 10. Advertisement 11. Designations 12, PI Insurance 13. CHP 14. HCM 15. Arrangements for Loss of Director.
What is your firms code of conduct?
Synergy have Policies in place for Gifts and Hospitality, Sustainability, Complaint Handling Procedure, Green Procurement, Privacy Policy.
What is your company’s policy on accepting gifts?
Synergy has a Gift and Hospitality Policy, which the staff are made aware of.
What are the requirements for PI?
Minimum liability based on turnover. Maximum level of uninsured excess is based on limit of indemnity. Must hold PI Insurance using an RICS Approved Broker. PI Insurance should work on a claims-made basis. Run off cover should be obtained for past work to match the last longest liability.
What are the requirements if you had a turnover of £200,001?
You are required to have a minimum liability of £1,000.000.
What are the RICS PII Requirements?
£100,000 or less - £250,000
£100,001 to £200,000 - £500,000
£200,001 and above - £1,000,000
What happens if you cannot obtain PI Insurance?
The RICS offer a service called the Assigned Risk Pool which is available to firms that cannot obtain insurance. If you are an RICS Regulated UK firm you are entitled to this option.
What are the indemnity limits when firms cannot get insurance?
Assigned Risk Pool - Up to £1mil
Run Off Pool Cover - Up to £1mil
What happens if you cannot obtain PI Insurance?
The RICS offer a service called the Assigned Risk Pool which is available to firms that cannot obtain insurance. If you are an RICS Regulated UK firm you are entitled to this option.
What happens when the yearly insurance cover expires, how does the firm manage run off cover?
There is Run-off Pool (ROP) cover. The ROP is collectively underwritten by all RICS Listed Insurers and managed on behalf of insurers.
What limit of indemnity do the ARP offer?
Up to £1 million.
What level of PI Insurance cover would you require if your firm had a turnover of around £250,000?
£1 million in accordance with the RICS guidance.
What do you need to do when you set up a new company?
Register with the RICS
Take out PI Insurance
Have a Complaints Handling Procedure, Have a procedure for handling Clients Money
Have training procedures in place
Have contact officer in the business for the RICS.
Have the appropriate insurances in place for having employees and a business.
What are the RICS requirements for regulation of a firm?
The Firm provides surveying services to the public.
The Firm is operating in Regulated Area A.
At least 50% of the Firm’s Principals are RICS Members.
Can you be regulated if 25% RICS?
Yes, if there are 25% principals who are members of the RICS, then they can register if they are providing surveying services.
Tell me what you would have to do if you intended to start up your own firm?
1) Contact the RICS for guidance – provide a company start up pack,
2) Inform the RICS and register for regulation,
3) Appoint a contact officer for all RICS communication,
4) Prepare a complaints handling procedure,
5) Obtain PI cover,
6) Abide by the Rules of Conduct for Firms, including handling clients money,
Use the designation ‘Regulated by RICS’ on all practice material.
Name some of the statutory obligations for starting a new surveying business?
1) Comply with employment legislation (e.g. HASAWA, Equalities Act)
2) Follow statutory policies for staff recruitment, contracts, hours, pay, holidays, illness, paternity/maternity, grievances, disciplinary, dismissals, redundancy
3) Comply with other legislation:
○ Data Protection Act 1998
○ Money Laundering Regulations 2007
○ Bribery Act 2010
What do you need to do when you close a company?
- Ensure that you take out run off cover for the length of your latest liability
- Inform the RICS.
- Agree the closure date
- Inform clients
- Deal with client money outstanding in your client account in accordance with the Client Money Handling professional statement
What is your company’s complaints handling procedure?
Three stage CHP. Initial complaint is logged in writing, complaints to Head of Building Surveying, if unresolved, it is then escalated to complaint handling officer and they respond within 7 day time frame to respond to complaint, 21 days if no response after. If unresolved, referral to independent redress scheme and in this instance, Mediation at the Centre for Effective Dispute Resolution.
How and when do you notify clients of your complaints handling procedure?
The CHP is issued during the initial appointment when I share Synergy’s Terms of Business. The details are summarised in the Terms of Business.
What is the requirement of a complaints handling procedure?
Complaints handling procedure require complaints to be in writing. A complaints handling officer needs to be selected by the business. A two stage process is required with timescales. An independent redress system is required should the complaint not be resolved internally.
What would you do if client wasn’t happy with your report?
I would try to resolve why to salvage relationships. Then if they were still unhappy then I would refer them to my line manager but also remind them of my firms complaints handling procedure.
