Conduct Rules, Ethics and Professional Practice Flashcards
What are the RICS Rules of Conduct for Members and what do they mean?
1) Interpretation
1. In these Rules, unless the context otherwise requires,
‘Member’ means a Chartered Member, non-Chartered
Member, Honorary Member or a member of the
attached classes.
2) Communication
2. RICS will communicate with Members by any of
the following:
a. post
b. fax
c. e-mail
d. telephone
e. in person
3) Ethical behaviour
3. Members shall at all times act with integrity and avoid
conflicts of interest and avoid any actions or situations
that are inconsistent with their professional obligations.
4) Competence
4. Members shall carry out their professional work with
due skill, care and diligence and with proper regard
for the technical standards expected of them.
5) Service
5. Members shall carry out their professional work in a
timely manner and with proper regard for standards
of service and customer care expected of them.
6) Continuing Professional Development (CPD)
6. Members shall comply with RICS’ requirements in
respect of continuing professional development.
7) Solvency
7. Members shall ensure that their personal and
professional finances are managed appropriately.
8) Information to RICS
8. Members shall submit in a timely manner such
information, and in such form, as the Regulatory
Board may reasonably require.
9) Co-operation
9. Members shall co-operate fully with RICS staff and
any person appointed by the Regulatory Board.
What are the RICS Rules of Conduct for Firms and what do they mean?
1) Interpretation
1. In these Rules, unless the context otherwise requires:
Providing a surveying service to the public
means acting to provide a service(s) considered by
RICS to be within those which are the responsibility of
RICS’ Professional Groups to professional, corporate,
institutional and all other clients;
Contact Officer means the individual designated by
the Firm to be the main liaison point between the Firm
and RICS and the person authorised by the Firm to
submit the Firm’s Annual Return;
Firm means
a. the whole or part of any body corporate; or
b. a partnership; or
c. a limited liability partnership; or
d. an unincorporated practice of a sole practitioner
concerned with the business of surveying or
providing other related services, which is regulated
by RICS; or e. an equivalent in any of the world
regions to any of the above in a–d.
2) Communication
2. RICS will communicate with Members by any of
the following:
a. post
b. fax
c. e-mail
d. telephone
e. in person
3) Professional behaviour
3. A Firm shall at all times act with integrity and
avoid conflicts of interest and avoid any actions
or situations that are inconsistent with its
professional obligations.
4) Competence
4. A Firm shall carry out its professional work with due
skill, care and diligence and with proper regard for
the technical standards expected of it.
5) Service
5. Firm shall carry out its professional work with
expedition and with proper regard for standards
of service and customer care expected of it.
6) Training and Continuing Professional
Development (CPD)
A Firm shall have in place the necessary procedures
to ensure that all its staff are properly trained and
competent to do their work.
7) Complaints handling
7. A Firm shall operate a complaints handling
procedure and maintain a complaints log. The
complaints handling procedure must include an
Alternative Dispute Resolution (ADR) mechanism
that is approved by the Regulatory Board.
8) Clients’ money
8. A Firm shall preserve the security of clients’ money
entrusted to its care in the course of its practice
or business.
9) Indemnity Insurance
9. A firm shall ensure that all previous and current
professional work is covered by adequate and
appropriate indemnity cover which meets
standards approved by the Regulatory Board.
10) Advertising
10. A Firm shall promote its professional services only
in a truthful and responsible manner.
11) Solvency
11. Firm shall ensure that its finances are managed
appropriately.
12) Arrangements to cover the incapacity or
death of a sole practitioner
12. A Firm which has a sole principal (i.e. a sole practitioner
or a sole director in a corporate practice) shall have
in place appropriate arrangements in the event of
that sole principal’s death or incapacity or other.
13) Use of designations
13. A Firm registered for regulation must display on its
business literature, in accordance with the Regulatory
Board’s published policy on designations, a
designation to denote that it is regulated by RICS.
14) Information to RICS
14. A Firm shall submit in a timely manner such information
about its activities, and in such form, as the Regulatory
Board may reasonably require.
15) Co-operation
15. A Firm shall co-operate fully with RICS staff and any
person appointed by the Regulatory Board.
What are the five principles of better regulation
Proportionality
• Regulators should only intervene when necessary
• Remedies should be appropriate to the risk posed and costs identified and minimised
• Policy solutions must be proportionate to the perceived problem or risk and justify the compliance
costs imposed – don’t use a sledgehammer to crack a nut
• All the options for achieving policy objectives must be considered – not just prescriptive regulation
Alternatives may be more effective and cheaper to apply
• “Think small first”. Regulation can have a disproportionate impact on small businesses
• EC Directives should be transposed without gold plating
• Enforcement regimes should be proportionate to the risk posed
• Enforcers should consider an educational, rather than a punitive approach where possible
Accountability
• Regulators must be able to justify decisions and be subject to public scrutiny
• Proposals should be published and all those affected consulted before decisions are taken
• Regulators should clearly explain how and why final decisions have been reached
• Regulators and enforcers should establish clear standards and criteria against which they can be
judged
• There should be well-publicised, accessible, fair and effective complaints and appeals procedures
• Regulators and enforcers should have clear lines of accountability to Ministers, Parliaments and
assemblies, and the public
Consistency
• Government rules and standards must be joined up and implemented fairly
• Regulators should be consistent with each other, and work together in a joined-up way
• New regulations should take account of other existing or proposed regulations, whether of
domestic, EU or international origin
• Regulation should be predictable in order to give stability and certainty to those being regulated
• Enforcement agencies should apply regulations consistently across the country
Targeting
• Regulation should be focused on the problem and minimise side effects.
• Regulations should focus on the problem and avoid a scattergun approach.
• Where appropriate, regulators should adopt a “goals-based” approach, with enforcers and those
being regulated given flexibility in deciding how to meet clear, unambiguous targets.
• Guidance and support should be adapted to the needs of different groups.
• Enforcers should focus primarily on those whose activities give rise to the most serious risks.
• Regulations should be systematically reviewed to test whether they are still necessary and
effective. If not, they should be modified or eliminated.
Transparency
• Regulators should be open and keep regulations simple and user- friendly.
• Policy objectives, including the need for regulation, should be clearly defined and effectively
communicated to all interested parties.
• Effective consultation must take place before proposals are developed, to ensure that
stakeholders’ views and expertise are taken into account.
• Stakeholders should be given sufficient information, to respond to consultations.
• Regulations should be clear and simple, and guidance, in plain language, should be issued in a
reasonable timescale before the regulations take effect.
• Those being regulated should be made aware of their obligations, with law and best practice
clearly distinguished.
• Those being regulated should be given the time and support to comply. It may be helpful to
supply examples of methods of compliance.
• The consequences of non-compliance should be made clear.
What are the five RICS Ethical and Professional Standards
Act with integrity
• This means being honest and straightforward in all that you do.
Always provide a high standard of service
• This means always ensuring that your client, or others to whom you have professional responsibility, receive the best possible advice, support or performance of the terms of engagement you have agreed.
Act in a way that promotes trust in the profession
• This means acting in a manner, both in your professional life and private life, to promote you, your firm or organisation you work for and the profession in a professional and positive way.
Treat others with respect
• This means treating people with courtesy, politeness, and consideration, no matter their race, religion, size, age, country of origin, gender, sexual orientation or disability. It also means being aware of cultural sensitivities and business practices.
Take responsibility
• This means being accountable for all your actions – don’t blame others if things go wrong, and if you suspect something isn’t right be prepared to do
something.
Who is the Chair of the RICS UK Building Surveying Professional Group Board
Alex Charlesworth, FRICS
Who is the RICS Senior Vice President
Chris Brooke FRICS
Who is the RICS President
Amanda Clack FRICS
Who is the RICS President Elect
John Hughes FRICS
Who is the RICS Management Board Chair
Paul Marcuse FRICS
