Conduct rules, ethics and professional practice Flashcards
What are the 5 rules of conduct?
1: Members and firms must be honest, act with integrity and comply with their
professional obligations, including obligations to RICS
2: Members and firms must maintain their professional competence and ensure
that services are provided by competent individuals who have the necessary
expertise.
3: Members and firms must provide good-quality and diligent service.
4: Members and firms must treat others with respect and encourage diversity and inclusion.
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.
Can you name the types of Conflict of interest?
1) Party Conflict - acting on both sides of a transaction
2) Own Interest Conflict - relating to a personal interest
3) Confidential Information Conflict - relating to work between two parties that is confidential
What is the role of RICS?
Advancing the highest ethical and technical standards for professionals in land, property and the built environment.
Protecting and providing benefits to consumers by enforcing standards and codes of best practice,
Providing expert impartial advice to governments, business and the public.
Equipping RiCS members with leading edge advice, market insight and professional training.
Promoting RICS status and standards in key worldwide markets as the mark of property professionalism.
What is the Royal Charter?
Awarded in 1881 by Queen Victoria.
The Royal Charter requires RICS to promote the usefulness of the profession for the advantage of the UK public and in other parts of the world.
Where are RICS’ international headquarters located?
12 Great George Street, Parliament Square, London.
What is the motto of RICS?
‘Est modus in rebus’ - there is measure in all things.
What is Lionheart?
Lionheart is an independent charity run by RICS professionals, for RICS professionals.
Benevolent fund established over 100 years ago
The services include a range from financial support, health and wellbeing packages, free professional counselling, work-related support and legal advice, and help if a member or loved one become seriously ill.
Why do you want to be a Chartered Surveyor (MRICS)?
RICS is the largest international property institution in the world. By joining I will get global recognition and will become part of an international professional community.
I will get elite professional status, guidance, information and support.
I will be part of promoting best practices in the profession.
What is RICS Matrics?
RICS Matrics supports new members entering the profession, as well as working with RICS to shape the future of surveying and grow the size and respect of the profession across industries globally.
What is the role of the Standards and Regulation Board?
responsibility for strategy, policy and operational oversight of the standards, entry and admission to the profession (through RICS’ education and qualification standards), and regulatory functions of RICS.
Can you give me an overview of RICS’ governance structure?
The corporate governance structure is shaped by the Royal Charter, Bye-Laws and Regulation. RICS’ governance structure combines governance bodies, as well as the Executive Team and Presidential Team.
What is the role of the Governing Council?
The Governing Council is the highest governing body
setting global strategy
ensuring RICS fulfils its Royal Charter obligations.
It provides strategic oversight on requirements for entry into the profession, and the setting and enforcement of professional standards.
How does RICS ensure standards of professional conduct and practice are upheld?
RICS has Rules of Conduct (effective 2nd February 2022).
The Rules of Conduct apply to all members (as defined in Bye-Law 5.1) and firms regulated by RIGS
The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect, and responsibility
Please list the Rules of Conduct (effective 2nd February 2022).
- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
- Members and firms must provide good-quality and diligent service.
- Members and firms must treat others with respect and encourage diversity and inclusion.
- 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.
Can you provide 5 example behaviours to comply with Rule 1? (Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS).
not mislead others by actions or omissions, or by being complicit in the actions or omissions of others.
have effective processes to identify actual and potential conflicts of interest
Be open and transparent with clients about their fees and services.
do not take unfair advantage of others.
do not facilitate any financial crime
Can you provide 5 example behaviours to comply with Rule 2? (Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise).
only undertake work that they have the knowledge, skills and resources to carry out competently.
supervise any employees undertaking work for them and ensure that these employees have the necessary knowledge, skills and resources to do their tasks competently.
Members and firms reflect on the work they have undertaken and its impacts, and consider how they might apply what they have learned to their future work.
Members maintain and develop their knowledge and skills throughout their careers. They identify development needs, plan and undertake continuing professional development (CPD) activities to address them and are able to demonstrate they have done so.
Members and firms stay up to date and comply with relevant legislation, codes of practice and other professional and relevant technical standards. Firms ensure that their directors, partners and employees do so.
Can you provide 5 example behaviours to comply with Rule 3? (Members and firms must provide good-quality and diligent service).
Think business case + quality
understand clients’ needs and objectives
agree with clients the scope of the service
Communicate with clients and others clearly
understand the risks and benefits of using relevant technology.
have effective quality assurance processes for their work.
Can you provide 5 example behaviours to comply with Rule 4? (Members and firms must treat others with respect and encourage diversity and inclusion).
Members and firms respect the rights of others and treat others with courtesy.
Members and firms do not bully, victimise or harass anyone
Firms check that supply chains do not involve modern slavery or other abuses of the workforce.
Members and firms work cooperatively with others.
Members and firms develop an inclusive culture in their workplaces, support equal access and opportunity for all, and identify and address unconscious bias
Can you provide 5 example behaviours to comply with 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).
Think rules and complaints handling
Members and firms support directors, partners, employees, colleagues or clients who have acted in good faith to report concerns.
Members and firms respond to complaints made against them promptly, openly and professionally.
Members and firms do not dissuade complainants from approaching an alternative dispute resolution provider, RICS or any other regulatory body.
Members and firms manage their professional finances responsibly.
Members and firms take appropriate action when they consider that the rules have been breached, and report suspected significant breaches of the Rules of Conduct by themselves or others to RICS.
Please can you list the core professional obligations for members and firms detailed in Rules of Conduct - Appendix A.
The following professional obligations to RICS are mandatory for RICS members:
Members must comply with the CPD requirements set by RICS.
Members must cooperate with RICS.
Members must promptly provide all information reasonably requested by the Standards and Regulation
Board, or those exercising delegated authority on its behalf.
The following obligations are mandatory for RICS-regulated firms:
Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log
Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS.
Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work.
Firms must cooperate with RICS.
Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote that they are regulated by RICS.
Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.
Are you aware of any RICS Regulation on the use of social media accounts?
Use of social media: guidance for RICS members. Version 1 - effective from 30th June 2021.
The overarching principle is - Standards expected of members do not change because they are communicating through social media rather than face-to-face or other traditional media.
You attend a work social event and witness two junior colleagues acting in a way which could bring your firm into disgrace. What would you do in this situation?
I would speak with them immediately and take steps prevent reputational damage or embarrassment of my colleagues. I would then address their actions formally in working hours.
RICS professional standards - What are the various standards and what is their status?
Professional statements
These contain ‘musts’ - Mandatory requirements, along with details of regulatory interventions if these requirements are not met.
Guidance notes
These contain ‘shoulds* - Non-mandatory requirements, but recommendations of best practice on undertaking given tasks.
Assessment of Professional Competence (APC)
These are the requirements and guidelines relating to entry into the profession.
Data standards
These ensure software programmes and technology can adopt RICS standards into their offering.
Why does RICS publish guidance notes and do Chartered Surveyors have to follow them?
Guidance notes outline best practice within the profession and provide advice to surveyors on how to complete certain activities.
They should be followed; members should remain up to date to ensure they are competent. If there is ever a professional negligence claim and a member has not followed a guidance note, the courts or adiudicator may review these to determine whether the member has acted competently.
What is the ‘Black Book’?
The ‘Black Book’ is a suite of guidance notes that define good technical standards for quantity surveying and construction professionals.
Are vou aware of any regulation in association with the use of the RICS logo by regulated firms and Chartered professionals?
Rules for the use of the RICS logo and designation by firms.
Guidelines for the personal use of the RICS logo and designations by RICS professionals.
Can you explain how you act with integrity?
Being trustworthy in all that I do.
Being open and transparent in the way I work.
Respecting confidential information
Not taking advantage.
Not allowing bias, conflict of interest or the undue influence of others to override my decisions.
Not offering or accepting gifts, hospitality, or services, which might suggest an improper obligation.
Why must you act within our professional capabilities/competence?
To ensure I do not advise my clients incorrectly which could lead to a complaint or claim of negligence.
Can you explain how you take responsibility?
Be accountable for all my actions.
Always act with skill, care and diligence.
Ensure an appropriate complaint handling procedure is in place in the event somebody makes a complaint about me.
If I think something is not right, I am prepared to respectfully challenge and raise the matter with
colleagues.
Can you explain how you treat others with respect?
treat everyone with courtesy and politeness.
I am always polite and considerate to clients, potential clients and everyone else.
I never discriminate against anyone for any reason
Can you explain how you provide a high standard of service?
I always ensure my client, or others to whom I have a professional responsibility, receive the best possible advice and support.
Acting within my scope of competence.
Being transparent about fees and any other costs or payments such as referral fees or commissions.
Communicating with my client in a way that will allow them to make informed decisions.
Can you explain how you promote trust in the profession?
Understanding how my actions will affect others and the environment.
Fulfilling my professional obligations.
Acting in a trustworthy manner in both my professional and private life.
Can you clarify what an individual should do to maintain a high ethical standard in their profession?
Keep their own actions under review, inside and outside of work.
Maintain CPD appropriate in their area of work (for example, applicable law and regulations).
Follow advice given by professional bodies on ethical behaviour.
Help their own organisation to develop ethical ways of working
Noting any unethical behaviour by others and addressing with the individual where appropriate.
What can employers do to create an ethical environment?
Establish confidential procedures for whistle blowing’ independent of the normal chain of command.
Include ethical evaluations in formal performance appraisals
Include ethical standards in employee hiring, employment contracts and training.
Make sure there is adequate planning, training and ethical performance monitoring when implementing change.
Encouraging staff to progress their APC and become chartered with RICS.
Promoting CPD in the relevant area.
What is the difference between ethics and integrity?
Ethics are moral principles that govern a person’s behaviour or the conducting of an activity.
Integrity is the quality of being honest and having strong moral principles and values.
Put simply, ethics looks at the big moral picture while integrity is focused on personal characteristics.
What tools produced by RICS are available to help members make ethical decisions?
RICS ethics decision tree.
