Conduct rules, Ethics and Professional Practice Flashcards
What are some bodies within the RICS
RICS Matrics - Aimed at newly qualified surveyors to give them a platform within the RICS including; APC support, CPD seminars, Networking. e.c.t
LionHeart - Based in Birmingham, lionheart is an independently run charity by our professionals for our professionals. They offer; financial support, free counselling, legal advice.
What is the RICS CPD policy
All members must undertake a minimum of 20 hours of CPD each calendar year. This is logged and submitted to the RICS. This demonstrates that its members maintain and enhance the knowledge and skills they need to deliver a professional service. Of the 20 hours, 10 hours need to be formal CPD.
What is formal and informal CPD
Formal CPD - Professional courses, seminars and conferences, online seminars
Informal CPD - Shaddowing professionals, Priviate Sudy, delivering presentations
What is the structure of the RICS
Privy Council > Governing Council > discretionary bodies & committees.
This is broken down further into country chairs, regional chairs, chairs of discipline e.g. Building surveying, quantity surveying
What is the Privy Council
The Privy Council acts as an independent decision-making body to the Queen that reports on the activity and performance of the RICS and other. The RICS’s bye-laws have to be ratified by the UK Government, through the Privy Council even if it approved by the majority of the Governing Council.
What is The Governing Council
The Governing Council is the RICS’s highest governing body, setting out the global strategy and ensuring RICS fulfills its Royal Charter obligations.
The council is made up of elected members from across the globe. The chair of the Governing Council is currently Chris Brooke FRICS (2017) and the President Elect Kath Fontana MRICS (2017).
The Governing Council oversees various boards and councils that are required by the charter and bye-laws
What are some various boards and councils that are required by the charter and bye-laws
Management Bodies, Standards and Regulations Board, Audit Committee.
What are some discretionary bodies that support the governing council
The Governing Council is also supported by a number of discretionary bodies that exercise power outside the control of the administration these include; Finance Committee, Nominations Committee, Presidential Nominations Committee, Remuneration Committee.
What is a Royal Charter
A document that is signed by the king or queen of a country, and that gives an organization particular rights normally reserved for organizations that work in the public interest. The RICS was incorporated in 1881.
What is the RICS Royal Charter
The charter sets out the objectives of the RICS: The objects of the Institution shall be to secure the advancement and facilitate the acquisition of that knowledge which constitutes the profession of a surveyor, namely, the arts, sciences and to maintain and promote the usefulness of the profession for the public advantage in the United Kingdom and in any other part of the world
What is The Royal Charter Bye-Laws
There are 10 Bye-laws, These Bye-laws and any Regulations apply to all members or where stated within the charter; a Firm, a Regulated Non-Member and any person covered by any agreement made under Article 20 of the Charter.
How is the civil court system structured
Supreme Court,
Court of Appeal,
High Court of Justice,
County Court.
How is the criminal court system structured
Supreme Court,
Court of Appeal,
Crown Court,
Magistrates Court,
What is a civil law UK
Civil Law covers such areas as contracts, negligence, family matters, employment, probate and land law.
What is criminal law UK
Criminal Law deals with behavior that is or can be construed as an offense against the public, society, or the state examples are murder, assault, theft and drunken driving. The Hierarchy top down is as follows;
What is the Supreme Court
The Supreme Court is a non-ministerial government department of the Government of the United Kingdom, serving as the final court of appeal in the United Kingdom for civil cases, and for criminal cases from England, Wales and Northern Ireland.
What is the Court of Appeal
The court of appeal is split into the Civil Division which hears appeals from the County Court, High Court of Justice and Family Court and The Criminal Division also hears appeals from the Crown Court Permission to appeal is normally required from either the lower court or the Court of Appeal itself.
Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court.
What is Common law
Common law, which is also known as case law or precedent is law that has been developed by judges, courts and similar tribunals. It is one of the many sources of the UK’s unwritten constitution
What are some of the RICS’s Bye-Laws
Membership and regestration process, Designations of MRICS, FRICS e.t.c and Conduct
What is a conflict of interest
There are three types of conflict of interest defined within the RICS Professional Statement on Conflicts of Interest 2018;
Party Conflict; Where a firm/member acts in the interest in one client over another.
Own Interest Conflict; Where a firm/member has a stake in the works/service.
Confidential Information Conflict;
What must members/firms do in relation to conflict avoidance
Identify and manage conflicts and keep records of any measures taken to avoid a conflict.
What is an information barrier
The physical or electronic separation between individuals to assist with confidentiality.
What is Informed Consent
Informed consent is where the client is made aware and understands the conflict and provides written consent to proceed.
What 3 sections make up the Conflict of Interest Mandatory Statement 2018
Part 1: Conflicts of interest and Confidentiality
Part 2: General Commentary Notes
Part 3: Supplementary Commentary Notes
When have you acted with integrity
Delined gifts from a contractor at Christmas as it might suggest an improper obligation.
When have you treated others with respect
I always ensure that I treat everyone I come into contact with as I wish to be treated.
When have you taken responsibility
I had received a complaint regarding my management of the defect rectification period on one of my projects. I acknowledged the complaint and raised it with my line manager who provided a response confirming our contractual duties. They accepted this.
What are RICS guidance notes
A document that provides users with recommendations or approaches for accepted good practice.
Recommended best practice.
Usual principles apply in cases of negligence if best practice is not followed.
When have you ‘acted in a way that promotes trust in the profession’
Maintain a professional attitude in my personal life for example when I’ve bumped into clients in a social setting.
What are some RICS guidence notes
There are several guidance notes that I use frequently;
Surveying Safely, 2nd edition - Prior to undertaking site inspections or surveys.
RICS Property Measurement, 2nd edition - following the introduction of International Property Measurement Standards.
When have you “demonstrated a high standard of service”
When dealing with clients for the first time I ensure that they have as much information displayed to them in an appropriate manner so that they can make an informed decision on how to proceed.
What are the RICS rules for firms
A set of rules that apply to all firms worldwide. Some include;
A firm shall carry out work with due skill, care and diligence.
A firm shall have a complaints procedure in place.
All previous and current professional work is covered by appropriate insurance.
A firm is to ensure that its staff are properly trained and competent to complete their work.
A firm shall preserve the security of its client’s money that has been entrusted with it.
A similar set of rules apply to RICS members.
How do you handle clients money
Personally, I have never handled any client’s money. However, if I did I would refer to the RICS guidance note Client Money Handling, 1st edition to ensure that I was doing so correctly.
How do you deal with a complaint
I follow Bailey Partnerships complaints procedure;
- Where a written complaint is received it is to be passed onto the relevant person. In my case, this is one of the Partners.
- If a complaint is made orally, request the complaint in writing.
- Once the complaint is received we have 7 days to provide a written summary typically containing our understanding of the circumstances leading to the complaint and an invitation to provide a response.
- Within 21 days of the complaint they will be informed of the investigation into the complaint and to let them know what actions have been or will be taken.
- If they are not happy with the response they are invited to contact our Relevant persons or The Regulatory Board; namely, Arbitrators drawn from the RIBA, RICS or CIArb.
How do you register to become an RICS regulated firm
A form is available on the RICS website. Several preconditions must be met;
- Your firm must offer professional services in surveying disciplines
- At least 25% of principals must be charted with the RICS
- Agree to comply with RICS Rules of Conduct for Firms
How does the RICS maintain a high standard?
CPD
Disciplinary boards
RICS guidance notes
What are the RICS 5 principles for better regulation
The RICS is self-regulating. These 5 rules govern how the RICS regulates itself; Proporuntality, Accountability, Consistency Targeting, Transparency,
What information does the RICS regulated firm need to provide the RICS
Annual return Type of business Staffing Nature of clients Training provisions Complaints handling PII Client money
What is Meritt vs Babb
A court case; Babb undertook a valuation of Meritt’s property. The survey was found to be negligent. The company Babb worked for no longer existed when the claim was made and Babb was held personally liable. This case highlights the importance of run off cover.
What is the RICS motto
“est modus in rebus” or “There is measure in all things”.
What are the rules of conduct 2021
2020 saw the introduction of new rules of conduct. A reduction from 7 to 5 rules, examples of behaviours in order for members to adhere to these rules and a combination of rules for firms and members. It introduces separate professional obligations to RICS for firms and members.
The 5 rules are;
Members and firms must act in the public interest
Members and firms must treat others with respect
Members and firms must provide good quality and diligent service.
Members and firms must maintain their professional competence
Members and firms must be honest, act with integrity
What is the purpose of the rules of conduct
The Rules of Conduct apply to all members and firms worldwide. The Rules of Conduct are designed to effect positive change in the built and natural environments, through promoting and enforcing the highest ethical standards in the development and management of land, real estate, construction and infrastructure.
How do you ensure you are behaving ethically
Typically I am certain most day-to-day activities are ethical. However, if I am unsure I refer to the RICS ethics decision tree.
This is a flow chart that gets you to ask yourself a series of questions to establish if you are behaving ethically i.e. Do you have the competence to adequately undertake the work? is it legal? Does it comply with the RICS global ethical standards?
How do you contribute to the RICS
I attend the majority of RICS Matrics events and meetings, I have reviewed some practice notes at the consultation stage and administer the CPD page on the RICS Insight Community.
What are some RICS guidance notes relating to ethics
Conflicts of interest 1st edition 2017
Client money handling 1st edition 2019
Countering bribery and corruption, money laundering and terrorist financing 1st edition 2019
Rules for member and firms 2021
Would you accept a gift or gratuity from a contractor.
Generally no. I understand that some gifts and hospitality is acceptable under the bribery act 2010. However, I would consider the timing of the gift, infrequent and if it is appropriate. If I accept the gift I will record it on our companies gift register. If I am unsure about a gift I will assess my actions against the ethics decision tree.
What steps must you take when handling clients money?
The way in which I handle clients money is within strict accordance with the RICS Guidance note. Handling clients money 1st edition 2019
Always ensure the client has access to their money. Must be kept separate to other funds. Must include client in the account name. Must maintain a list of transactions. The account must never be overdrawn.
Why does the RICS have Rules of conduct.
A framework all members work to, to ensure a high standard of service.
A professional guide for members and firms
What information do RICS registered firms need to submit to the RICS
An online form titled an annual return. Failure to complete this sees a fixed penalty on the registered firm. The form includes;
Type of business and staffing levels Nature of clients Training provisions Complaint handling procedures and records PI insurance details
What would you do in the event a friend ask you for advise on a building pathology issue.
Advise that I do not have the appropriate insurance in place and recommend that they either contact my company or recommend browsing find a surveyor on the RICS website.
What basis is a PI claim and what does it mean
On a claims-made basis meaning the claim is made against the insurance policy that is in place when the breach is discovered not what was in place at the time of the breach.
How long should PI run off cover last
Depends on the works undertaken;
6 years if exectured underhand
12 years if executed as a deed
or as of 2021 15 years if dealing with dwellings. Materials up to 30 years
What is the RICS’s PI requirements
Must be made on an each and every claim basis
Minimum level of cover
Run off cover
The RICS updated their minimum wording for PI in 2021 to provide greater fire safety and cyber coverage
What measures would you take to avoid claims on PII
Good record keeping.
Follow RICS guidance.
Do not advise on areas outside my expertise.
What is Clement Lau up to
He was only recently appointed following Kath Fontana stepping down following the controversy with the publication of the Levitt review. He was formally on the RICS Hong Kong Board and the RICS Asia Regional Board. In his first column as RICS President, he focused his efforts on damage control in the wake of the Levitt review, a job that would be under a microscope.
When have you acted with integrity and comply with their professional obligations, including obligations to RICS
I have identified conflicts of interest and obtained informed consent, I have been transparent with fees particularly on time charge jobs, I follow the RICS money laundering guidance note when dealing with gifts.
When have you maintained your professional competence and ensured that services are provided by competent individuals who have the necessary expertise?
All my work is checked and approved by my line manager and/or project lead. I regularly undertake CPD to improve my soft skills and technical skills. I keep up to date with new RICS guidance notes relevant to my area of work.
When have you provided good-quality and diligent service
Know what I don’t know, All my work is checked and approved by my line manager and/or project lead, I consistently keep proper records of correspondence and decisions for quality assurance or regulatory purposes.
When have you respected and encouraged diversity and inclusion?
We undertake regular HR Policy Training providing an update on Modern Slavery, Equality, Diversity, Data Protection and Safeguarding & Whistleblowing I have identified and addressed personal unconscious bias
When have you acted in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
When receiving a complaint I have followed our complaints handling procedure, I keep up to date with new RICS guidance notes relevant to my area of work.
What are minimum limits on indemnity of PI Insurance
Set out in the RICS Standards document Professional indemnity insurance requirements
£100,000 or less = £250,000
£100,001 to £200,000 = £500,000
£200,001 and above = £1,000,000
What are some mandatory statements
Conflicts of interest 1st Ed 2017
Client Money Handling 1st Ed 2019
Cost Prediction 1st Ed 2020
Countering bribery and corruption, money laundering and terrorist financing 1st Ed 2019
How do the RICS Categorize their publications
International standard - Mandatory
RICS professional statement (PS) - Mandatory
RICS guidance note (GN) - Mandatory for compliance with obligations
RICS code of practice
