Conduct Rules Ethics and Professional Standards Flashcards

1
Q

What are the RICS Rules of Conduct, and why are they important?

A

The RICS Rules of Conduct set out professional and ethical standards for members and firms to ensure integrity, accountability, and public trust in the industry.

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2
Q

Can you outline the key areas covered by the RICS Rules of Conduct?

A

The five key areas are:

Acting with integrity
Providing a high standard of service
Acting in a way that promotes trust in the profession
Treating others with respect
Taking responsibility

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3
Q

How do the RICS Rules of Conduct apply to your daily work as a Quantity Surveyor?

A

They guide my interactions with clients, colleagues, and stakeholders, ensuring professionalism, transparency, and ethical decision-making in all aspects of my role.

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4
Q

What are the consequences of breaching the RICS Rules of Conduct?

A

Breaches can lead to disciplinary action, reputational damage, loss of RICS membership, and legal consequences depending on the severity of the breach.

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5
Q

How do the RICS Rules of Conduct promote trust within the industry?

A

By ensuring professionals act with integrity, provide high standards of service, and comply with ethical and legal responsibilities, which reassures clients and stakeholders.

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6
Q

What are the five ethical principles promoted by RICS?

A

Honesty: Being truthful and transparent.

Integrity: Acting in the best interests of clients and the profession.

Competence: Maintaining high standards of knowledge and skill.

Service: Providing quality service to clients.

Respect and Responsibility: Treating everyone fairly and ensuring professional accountability.

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7
Q

How do you demonstrate integrity in your professional work?

A

By being honest with clients, declaring conflicts of interest, and ensuring that my advice is always impartial and based on factual information.

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8
Q

What does the principle of competence mean in the context of RICS ethics?

A

It means maintaining up-to-date knowledge, continuously developing skills, and ensuring work is completed to a professional standard.

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9
Q

Why is it important to provide a high standard of service to clients?

A

To maintain trust, meet professional obligations, and ensure the best outcomes for clients while upholding RICS standards.

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10
Q

Can you give an example of how you apply the principle of respect and responsibility in your role?

A

By treating colleagues and clients with fairness, promoting an inclusive working environment, and ensuring compliance with legal and ethical standards.

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11
Q

What should you do if you identify a potential conflict of interest?

A

I would disclose the conflict to all relevant parties, seek guidance if needed, and ensure transparency to prevent any ethical breach.

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12
Q

How would you handle a situation where a client pressures you to act unethically?

A

I would explain my professional obligations under the RICS Rules of Conduct, refuse to act unethically, and report the matter if necessary.

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13
Q

What is your responsibility if you witness unethical behaviour in the workplace?

A

I would report the issue to my manager or compliance team, ensuring it is addressed in line with company policies and RICS regulations.

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14
Q

Why is impartiality important in your role as a Quantity Surveyor?

A

To ensure fairness in cost assessments, maintain trust with clients and stakeholders, and comply with ethical and professional standards.

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15
Q

What actions would you take if you made an error in your professional work?

A

I would report the mistake immediately, rectify it as soon as possible, and implement measures to prevent recurrence.

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16
Q

Why is CPD important for RICS professionals?

A

It ensures that professionals maintain and develop their knowledge and skills, keeping them competent and up to date with industry standards.

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17
Q

What are the CPD requirements set by RICS?

A

Members must complete at least 20 hours of CPD per year, with at least 10 hours being formal learning (e.g., training courses, webinars).

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18
Q

Can you provide an example of a CPD activity you have undertaken?

A

I attended an internal webinar on Mace’s benchmarking data, which enhanced my understanding of cost management processes.

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19
Q

What is the difference between formal and informal CPD?

A

Formal CPD: Structured learning, such as courses, seminars, or qualifications.

Self-directed learning, such as reading industry articles or attending networking events.

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20
Q

How do you ensure that your CPD activities align with your professional development needs?

A

I assess my knowledge gaps, set learning objectives, and choose CPD activities that enhance my competencies and career progression.

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21
Q

What would you do if a client asked you to manipulate a cost estimate to secure project funding?

A

I would refuse, explaining that it would breach RICS ethical standards and could have legal implications. I would also report any unethical behaviour.

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22
Q

If a colleague acted dishonestly on a project, how would you respond?

A

I would raise the issue with my manager or compliance team, ensuring it was addressed appropriately while maintaining confidentiality.

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23
Q

How would you handle a situation where a contractor offered you a gift or incentive to approve their payment early?

A

I would decline the gift, report the incident, and remind the contractor that accepting such incentives would breach ethical and professional standards.

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24
Q

What would you do if you discovered a miscalculation in a cost report after submitting it to the client?

A

I would notify the client immediately, correct the error, and implement checks to prevent similar mistakes in the future.

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25
Q

If you were asked to work on a project outside your area of expertise, how would you proceed?

A

I would seek guidance from a more experienced colleague or undertake CPD to develop the necessary knowledge before proceeding.

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26
Q

How do the RICS ethical principles align with your personal values?

A

They reinforce my commitment to honesty, integrity, and professionalism, ensuring I act in the best interest of clients and the industry.

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27
Q

Why is it important for professionals to act with transparency?

A

Transparency builds trust with clients and stakeholders, prevents misunderstandings, and upholds the reputation of the profession.

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28
Q

How do the RICS Rules of Conduct differ from company policies?

A

The RICS Rules of Conduct provide a global professional framework, while company policies are specific to an organisation’s internal operations.

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29
Q

What is the role of the RICS disciplinary process?

A

It ensures members are held accountable for breaches of professional standards and maintains public trust in the profession.

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30
Q

How do you apply ethical decision-making in your daily role?

A

I ensure my work is transparent, fair, and compliant with RICS guidelines, always considering the best interests of the client and profession.

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31
Q

How do you apply the RICS ethical principles in your daily work?

A

I ensure honesty and integrity in all my dealings, provide competent and high-quality service, respect colleagues and clients, and take responsibility for my professional actions.

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32
Q

Can you provide an example of a situation where you had to make an ethical decision on a project?

A

(Example) A contractor submitted a claim for additional work that was not contractually justified. I carefully reviewed the documentation, consulted the contract terms, and advised the client to reject the claim to maintain fairness and integrity.

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33
Q

How do you ensure professionalism when communicating with clients and stakeholders?

A

By using clear, transparent, and respectful language, keeping records of important communications, and following company and RICS guidelines on ethical conduct.

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34
Q

What steps do you take to maintain professionalism when attending meetings?

A

I prepare thoroughly, ensure my input is factual and relevant, listen actively, respect differing opinions, and follow up with clear documentation of key discussions.

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35
Q

How do you ensure professional conduct when visiting construction sites?

A

I follow site health and safety protocols, maintain respectful communication with all stakeholders, and ensure my role is carried out impartially and ethically.

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36
Q

How has completing the RICS Professionalism Module helped you in practice?

A

It reinforced my understanding of ethical obligations, professional behaviour, and the importance of maintaining trust in the profession.

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37
Q

Can you explain how the RICS Rules of Conduct apply to your role as a Quantity Surveyor?

A

They guide my interactions with clients, ensure I act impartially in cost assessments, and require me to uphold integrity, competence, and professional accountability.

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38
Q

What would you do if a client asked you to manipulate a cost estimate to secure funding?

A

I would refuse, explaining that it would breach RICS ethical standards, and I would advise them on alternative, compliant ways to present cost information.

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39
Q

How do you handle situations where professional obligations conflict with client demands?

A

I assess the situation against RICS ethical principles, explain the implications of non-compliance to the client, and ensure my actions remain within professional and legal boundaries.

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40
Q

What measures do you take to ensure transparency in your work?

A

By maintaining clear records, providing honest and unbiased advice, and ensuring all project stakeholders have access to accurate and verifiable information.

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41
Q

What would you do if you witnessed unethical behaviour on a project?

A

I would document the incident, report it to my manager or compliance officer, and ensure the issue was addressed in line with company policies and RICS regulations.

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42
Q

If a contractor offered you a gift or incentive to approve a valuation, how would you respond?

A

I would decline the offer, explain that it breaches professional ethics, and report the incident if necessary to maintain transparency.

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43
Q

How do you handle conflicts of interest in your work?

A

I disclose any potential conflicts to all relevant parties, ensure transparency in my actions, and, if necessary, step away from situations where impartiality is compromised.

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44
Q

What would you do if a colleague pressured you to approve an unjustified payment?

A

I would refuse, explain the contractual and ethical implications, and escalate the issue to senior management if necessary.

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45
Q

How do you ensure impartiality when dealing with multiple stakeholders on a project?

A

By basing decisions on factual data, maintaining open communication, and ensuring my actions align with professional and contractual obligations.

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46
Q

How do you keep up to date with changes in RICS conduct rules and ethical standards?

A

By completing CPD activities, attending RICS webinars, reading industry publications, and engaging in professional discussions.

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47
Q

What CPD activities have you completed that relate to ethics and professional practice?

A

I have completed the RICS Professionalism Module and attended company training on ethical decision-making in project management.

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48
Q

Why is CPD important for maintaining ethical and professional standards?

A

CPD ensures that professionals stay up to date with best practices, legal requirements, and ethical expectations in an evolving industry.

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49
Q

How do you ensure ethical considerations are integrated into cost management and project decision-making?

A

By maintaining accuracy in cost reporting, ensuring fairness in valuations, and providing clients with unbiased and honest advice.

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50
Q

What lessons have you learned from applying ethics in real-life scenarios?

A

I have learned that clear communication, transparency, and adherence to professional standards help resolve ethical dilemmas effectively and maintain trust with clients and colleagues.

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51
Q

If a subcontractor approached you directly to discuss an issue without going through the main contractor, what would you do?

A

I would remind them of the contractual hierarchy, inform the main contractor of the issue, and ensure all communication follows proper procedures.

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52
Q

How would you react if a client insisted on bypassing a procurement procedure to speed up project delivery?

A

I would explain the risks and ethical implications, advise on compliant alternatives, and refuse to proceed with any action that breaches regulations.

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53
Q

What would you do if a junior colleague sought your advice on an ethical dilemma?

A

I would listen to their concern, guide them based on RICS ethical principles, and support them in making the correct decision.

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54
Q

If you discovered a miscalculation in a project valuation after submission, how would you handle it?

A

I would notify the client immediately, correct the error, and document the revised valuation to maintain transparency.

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55
Q

What would you do if a contractor submitted an inflated variation claim that you suspected was unjustified?

A

I would analyse the claim against the contract terms, request supporting evidence, and recommend adjustments based on factual data.

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56
Q

Why is ethical decision-making critical in construction and quantity surveying?

A

It ensures trust, compliance with legal requirements, and the long-term success of projects by maintaining fair and transparent practices.

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57
Q

How do professional ethics help protect clients and stakeholders?

A

Ethics ensure clients receive accurate advice, protect against fraudulent activities, and maintain industry-wide confidence in professional services.

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58
Q

How do ethical considerations influence procurement decisions?

A

Ethical procurement ensures fairness, prevents corruption, and maintains competitive transparency in supplier selection.

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59
Q

How can unethical behaviour impact a projects success?

A

It can lead to disputes, reputational damage, financial losses, and even legal consequences for those involved.

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60
Q

How do you balance commercial pressures with ethical responsibilities?

A

By ensuring that all decisions comply with RICS standards, communicating clearly with clients about ethical constraints, and maintaining professional integrity.

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61
Q

Why was it important to notify the client of the duplicate invoice rather than waiting for them to identify the error?

A

Acting proactively demonstrated integrity, reinforced trust, and ensured financial transparency, preventing potential disputes.

62
Q

What would you have done if the client had not yet noticed the overpayment?

A

I would have still disclosed the issue immediately, as withholding the information would be unethical and could damage the client relationship.

63
Q

How did your decision align with the RICS ethical principles?

A

My actions upheld honesty and integrity by being transparent with the client, competence by correcting the error, and responsibility by ensuring compliance with financial best practices.

64
Q

What professional risks could arise from failing to correct a financial error?

A

Risks include loss of client trust, reputational damage, potential disciplinary action from RICS, and financial penalties for the company.

65
Q

How would you advise a junior colleague who faced a similar ethical dilemma?

A

I would advise them to disclose the issue immediately, issue a correction, and document the resolution to maintain transparency and integrity.

66
Q

What steps did you take to ensure the overpayment was rectified efficiently?

A

I informed the client, issued a credit invoice, updated internal records, and ensured the finance team processed the refund correctly.

67
Q

How do you ensure that similar invoicing errors do not happen in future projects?

A

By implementing a verification process, cross-checking invoices before submission, and using tracking software to flag potential duplicates.

68
Q

What would you do if a client refused to accept a refund for an overpaid invoice?

A

I would formally document the overpayment, offer alternative solutions (e.g., credit note), and ensure the company’s financial records reflected the discrepancy.

69
Q

How do you balance commercial pressures with ethical obligations in financial transactions?

A

By prioritising ethical compliance over short-term financial gains, ensuring all financial dealings are transparent and fair.

70
Q

What lessons did you learn from handling this situation, and how has it influenced your professional approach?

A

I learned that early disclosure prevents disputes, that maintaining ethical standards strengthens client relationships, and that thorough checks are essential in financial management.

71
Q

How did your handling of the duplicate invoice strengthen your relationship with the client?

A

It demonstrated my commitment to ethical practice, reassured the client of financial transparency, and built long-term trust.

72
Q

What would you have done if the client had lost confidence in your firm after the error?

A

I would have reassured them by explaining the corrective measures taken, reinforcing the firms commitment to accuracy and professional integrity.

73
Q

How do you communicate financial errors to clients professionally?

A

By acknowledging the mistake openly, explaining the resolution plan, and ensuring a prompt correction with formal documentation.

74
Q

How would you handle a situation where a client mistakenly underpaid an invoice?

A

I would notify them, provide supporting documentation, and work with them to correct the discrepancy while maintaining professionalism.

75
Q

What steps would you take if a client disputed an invoice that you knew to be correct?

A

I would review the invoice, provide clear supporting evidence, and engage in a professional discussion to resolve the issue amicably.

76
Q

Which RICS Rules of Conduct were relevant in this situation?

A

Acting with integrity, providing a high standard of service, and taking responsibility for professional actions.

77
Q

How do the RICS ethical principles guide financial decision-making?

A

They ensure honesty in transactions, fairness in dealings, and responsibility in correcting financial errors.

78
Q

What disciplinary actions can RICS take if a member fails to uphold ethical standards in financial matters?

A

Actions may include formal warnings, fines, suspension, or expulsion from RICS membership.

79
Q

How do you ensure compliance with financial reporting and invoicing best practices?

A

By following company procedures, maintaining accurate records, and ensuring invoices are reviewed and approved before submission.

80
Q

What are the risks of poor financial management in a professional services firm?

A

Risks include legal consequences, reputational damage, loss of client trust, and potential breaches of RICS professional standards.

81
Q

What would you do if a senior colleague advised against notifying the client of an invoicing error?

A

I would remind them of our ethical obligations, escalate the issue if necessary, and ensure the error was rectified transparently.

82
Q

If you identified a financial discrepancy caused by a third-party consultant, how would you address it?

A

I would inform the relevant parties, seek clarification from the consultant, and work collaboratively to correct the discrepancy.

83
Q

What would you do if a client requested an invoice adjustment for non-genuine reasons?

A

I would refuse the request, explaining that it would be unethical and could breach financial regulations.

84
Q

If a contractor offered you a financial incentive to approve an inflated payment, how would you respond?

A

I would refuse the offer, report the incident to senior management, and ensure strict adherence to contractual obligations.

85
Q

How would you manage a situation where an invoicing error resulted in financial loss for your company?

A

I would review the mistake, implement corrective actions, and propose process improvements to prevent future occurrences.

86
Q

Why is financial transparency essential in professional services?

A

It ensures fair dealings, maintains client trust, and prevents ethical and legal risks.

87
Q

How do you balance ethical obligations with commercial objectives?

A

By ensuring all financial transactions are justified, compliant with professional standards, and transparent to stakeholders.

88
Q

What is the role of internal audits in financial and ethical compliance?

A

Audits help detect errors, prevent fraud, and ensure compliance with financial regulations and company policies.

89
Q

How do professional ethics protect clients in financial transactions?

A

They ensure that clients receive accurate, fair, and honest financial information, preventing fraud and misconduct.

90
Q

What measures can firms implement to reduce the risk of financial errors?

A

Clear invoicing protocols, staff training on financial compliance, regular audits, and technology-driven verification systems.

91
Q

Why do you want to join the RICS?

A

RICS is mark of professionalism that indicates I am a surveyor acting according to the highest standards It will assist my career and professional growth.

92
Q

What does the RICS stand for?

A

Royal Institution of Chartered Surveyors – It is a mark of professionalism worldwide.

93
Q

What is the role of the RICS?

A
  • Regulate the profession
  • Maintain the highest educational and professional standards
  • Promote the Profession
  • Protect clients and consumers through a strict code of ethics
  • Provide impartial advice, analysis and guidance
94
Q

What does the RICS do?

A

RICS is the world’s leading professional body for setting standards in the surveying industry.

95
Q

What is the Slogan of the RICS?

A

‘RICS is the world’s leading professional body for qualifications and standards in land, property and construction’.

96
Q

When was the RICS founded?

A

1868.

97
Q

When was the Royal Charter Awarded?

A

1881.

98
Q

What is the Carsberg Report?

A

Third party review on how the RICS Regulates itself.

A wide-ranging review of Royal Institution of Chartered Surveyors regulation has recommended greater separation of regulatory and representational functions.

The review by Sir Brian Carsberg, former Office of Fair Trading director- general, recommends chartered surveyors should continue to be regulated by RICS but that this should involve separate regulatory and conduct boards comprised of a lay majority.

98
Q

Structure of RICS?

A
  • Privy Council
  • Governing Council
  • Regulatory Board
  • Audit Committee
  • Management Board
  • Finance Committee
  • Membership Board
  • Knowledge Board
98
Q

What are the 5 ethical standards?

A
  • Service - Always provide a high standard of service - This means always ensuring that your client, or others to whom you have a professional responsibility, receive the best possible advice, support or performance of the terms of engagement you have agreed.
  • Trust - 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 the organisation you work for, and the profession in a professional and positive way.
  • Integrity - Act with integrity - This means being honest and straightforward in all that you do.
  • Respect - 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.
  • Responsibility - 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.
99
Q

What is the Mantra of the RICS?

A

EST MODUS REBUS - ‘There is measure in all things’

100
Q

How do you act in an ethical manner? Or Give an example of when you have acted within the rules, ethics of the RICS?

A

Think of Ethical Standards. RICS has a decision tree for acting ethically.

Example of acting ethically - When asked by a tenderer to confirm if they have submitted the lowest tender prior to the contract being awarded – I politely advised them it would be inappropriate to discuss this.

101
Q

Statuses of RICS?

A
  • Student
  • APC candidate
  • Member RICS (MRICS)
  • Associate RICS (AssocRICS)
  • Fellow RICS (FRICS)
102
Q

Name some RICS faculties?

A

17 Total -

  • Building Surveying
  • Quantity Surveying
  • Project management
  • Facilities Management
  • Valuation
103
Q

What should fees be?

A

Fees should be - open and transparent.

The client should be left with no uncertainty as to what service they have paid for and what the cost of that service is.

  • should be clarity about fees and no hidden commissions or payments.
104
Q

What is the Royal Charter?

A

The ROYAL CHARTER is a document issued by a Monarch as letters patent granting right of power to an individual or a body corporate.

The Royal Charter requires us to promote the usefulness of the profession for the public advantage in the UK and in other parts of the world. In practice, the Charter means that important changes to RICS’ constitution - its bye-laws - have to be ratified by the UK Government, through the Privy Council, even after they have been approved by a majority of RICS members voting at a general meeting.

105
Q

What does self-regulation mean?

A

We are one of a number of professions operating under a self-regulation model, which means our members aren’t regulated by government but are internally monitored and inspected. Our self-established standards of regulation meet, and in some cases surpass, the government’s own principles on better regulation.

106
Q

Name individual laws passed by the RICS to self-regulate itself?

A
  • Codes of Conduct for Firms & Members
  • Defines its own Definitions of phrases i.e. ‘Firm’
  • The method for electing members
  • Calculating fees, subscriptions
  • That there should be President & V.President
107
Q

Name the 10 Bye-Laws?

A
  • Applications and Definitions
  • Membership and Regulation
  • Designations
  • Contributions to Funds
  • Conduct
  • Governing Council, Officers and Staff
  • Subordinate Boards, Committees and Groups
  • Procedure for General Meetings
  • Accounts and Audit
  • General
108
Q

Name 10 Regulations?

A
  • Definitions
  • Membership and Registration
  • Designations
  • Contributions to Funds
  • Conduct
  • Governing Council, Officers and Staff
  • Subordinate Boards, Committees and Groups
  • Procedure for General Meetings and Voting
  • Accounts and Audit
  • General
109
Q

What is a Complaints Handling Procedure?

A

A firm is likely to meet the requirements of this rule if it adopts an effective procedure for handling Complaint’s from its clients and anyone else to whom it owes a duty of care.

  • Any expression of dissatisfaction.
  • Should be dealt within 28 days
  • Rule 7 - A Firm shall operate a complaint handling procedure and maintain a complaints log. The complaints handling procedure must include a redress mechanism that is approved by the Regulatory Board
  • Need to have 2 stages

Stage 1 -
* Dealt with internal first.

Stage 2 -
* Goes to Ombudsman if not satisfactorily resolved.

110
Q

What happens if a company does not abide by the rules of conduct for firms and members?

A
  • Fixed penalties for failing to provide requested information
  • Annual Returns
  • CPD Records
  • Invoices raised for regulatory matters
  • If you have failed to record sufficient CPD in a year, you will receive a fixed penalty caution which will remain on your disciplinary record for 10 years.
  • The member or firm should pay the fixed penalty by the date specified in the notice and ensure that they comply with the relevant rule that brought about the fixed penalty.
111
Q

What is the Code of Conduct?

A

Our Rules of Conduct are short and principles based. The rules are mandatory for all our members, students and trainees, and all firms we regulate. They came into force on 4 June 2007.

112
Q

What are the 9 Rules for Members?

A
  • Interpretation
  • Communication
  • Continuing Professional Development
  • Competence
  • Service
  • Solvency
  • Information to RICS
  • Co-operation
  • Ethical Competence
113
Q

What are the 15 Rules for Firms?

A
  • Interpretation
  • Communication
  • Continuing Professional Development
  • Competence
  • Service
  • Solvency
  • Information to RICS
  • Co-operation
  • Professional Indemnity Insurance
  • Advertising
  • Professional behaviour
  • Arrangements to cover the incapacity or death of a sole practitioner
  • Use of designations
  • Complaints Handling
  • Client’s Money
114
Q

What is the RICS Black Book?

A

The ‘Black Book’ is a suite of guidance notes that define good technical standards for quantity surveying and construction professionals.

  • Cash flow forecasting
  • Acceleration
  • Cost Analysis and benchmarking
  • Retention
  • E-Tendering
114
Q

What do you know about CPD requirements?

A

Continuing professional development (CPD) is a commitment by members to continually update their skills and knowledge in order to remain professionally competent and achieve their true potential.

All RICS members must undertake and record online a minimum of 20 hours of CPD activity each calendar year.

Of the 20 hours at least 10 hours must be formal CPD. The remainder can be Informal or Formal CPD

115
Q

Types of CPD?

A

Formal -
* Professional Course, seminars and conferences
* Structured Seminars/Discussions
* Formal Learning and development

Informal -
* Informal learning & development
* Informal teaching/training for others
* Private Study
* Informal Seminars

116
Q

What are guidance notes?

A

Represent BEST PRACTICE Although members don’t have to follow them although when an allegation of professional negligence is made a court may take this into consideration in his decision.

Guidance notes provide advice to practitioners on all aspects of the profession. Where procedures are recommended for specific professional tasks, these documents are intended to embody ‘best practice’.

117
Q

What are Practice Notes?

A

Under our bye-laws and regulations, our members must comply with RICS practice statements, in the interest of maintaining the highest professional standards.

118
Q

What is an RICS Code of Practice?

A

Document approved by the RICS and endorsed by another professional body.

119
Q

What are information Papers?

A

These papers are intended to provide information and explanations to RICS members on a range of surveying topics. Their function is not to recommend or advise on professional procedures to be followed by surveyors.

120
Q

When was the Bribery Act introduced?

A

Introduced in 2010.

An act to make provision about offences relating to Bribery.

121
Q

Why was the Bribery Act introduced and What do you know about the Bribery Act?

A
  1. It is a legal requirement
  2. This legislation makes bribery and corruption illegal for companies working in the UK and holds UK companies liable for failing to prevent such acts by those working for or on its behalf, no matter where the act takes place.

‘Gifts in the form of cash, where the purpose is clearly to influence a decision are not tolerated’.

122
Q

What happens if you commit an act of Bribery?

A
  • Jailed for 10 years
  • Excluded form RICS
  • Unlimited fine
123
Q

What is a conflict of Interest?

A

A conflict of interest is anything that impedes or might be perceived to impede an individual’s or firm’s ability to act impartially and in the best interest of a client.

This can include the following -

  • Financial Interest
  • Personal Relationship
  • Commercial Relationship
  • Interest of your firm
124
Q

What are the steps for dealing with a conflict of interest?

A

Handle with Openness & Transparency.

Step 1: Inform parties

Step 2: Inform parties you can’t act

Step 3: Offer to Stand down

Step 4: Obtain written confirmation that you can /can’t act

125
Q

How do you deal with Gifts & Hospitality?

A

As with conflicts of interest, gifts and hospitality should not be accepted or offered if they are likely to compromise you or your firm’s impartiality or integrity, or if this gives the impression of doing so.

Potential link to bribery

Deal with it Through openness and Transparency

POLITELY DECLINE

126
Q

What is PII?

A

Professional Indemnity Insurance.

  • If the firm faces a claim it is protected from financial loss that it cannot meet from its own resources
  • Minimum Level of indemnity based on the firms turnover in the previous year
127
Q

What is Run-Off Cover?

A

To ensure firms, members and their customers are not exposed to detriment in the period following a firm ceasing to trade. The minimum run off cover is 6 years.

  • RICS requires firms to obtain run-off cover !!!!!.
127
Q

What level of PII cover is required by RICS?

A

Based on Turnover -

  • £0 - £100,000 = £250K PII
  • £100,001 - £200,000 = £500K PII
  • £200,001 – above = £1 Million PII
  • Mace - 10 million PII
128
Q

What is the nature and extent of the insurance policy?

A

1) Each and every claim basis

2) As a minimum you should ensure that your policy wording is written on a full civil liability basis

3) Minimum level of indemnity is based on the firms turnover in the previous year or estimated for a new firm

129
Q

What is the name of the RICS Journals?

A

Modus

130
Q

45) What is an industry specific publication?

A
  • Modus
  • Building
  • Construction News
131
Q

What is a Non-Disclosure Agreement?

A

A Confidentiality Agreement or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.

132
Q

Name a time when you have acted impartially?

A

Providing impartial cost advice to a Client rather than a Contractor i.e.in any Contract i.e. in the valuation of variations.

133
Q

What arrangements does a sole practitioner need in place?

A

A firm which has a sole principal (i.e. a sole practitioner or a sole director in a corporate practice) they shall have in place appropriate arrangements in the event of that sole principal’s death or incapacity or other extended absence.

134
Q

What does a sole practitioner need in terms of PI if they are unavailable?

A

It is important to ensure that your locum is covered by PII. Your broker will be able to advise you on whether it is better for the locum to be covered by their own policy or yours. In the event of your death, your PII needs to be converted to a run-off policy to cover claims for work that you have previously undertaken in order to protect your estate and employees.

134
Q

If a sole practitioner holds a client’s money but is unavailable they should ensure …

A

The locum has access to your firm’s accounts in your absence.

Your bank has agreed that the locum can access your firm’s accounts.

The locum is aware of your procedures and the requirement in the rules of conduct to keep clients’ money safe.

135
Q

What should sole practitioner do with access to documents if they are unavailable?

A

If you hold documents or accounts electronically, it is important to ensure that either the locum or a trusted employee knows your passwords to access computers and files. Your locum will also need to be able to access:

  • A list of clients and up to date files
  • Your banking, accounting and legal arrangements
  • Any tax details not held by your accountant.
136
Q

How do firms register with RICS?

A

Any firm that wishes to be regulated by RICS must register by completing an online registration form and will need to update their details online on an annual basis.

137
Q

When must you register for RICS regulation?

A

You must register for RICS regulation if you are a firm that offers surveying services to third parties and where 50% or more of the principals are RICS members.

137
Q

What are the benefits for Regulated firms?

A
  • A proportionate and flexible approach that allows firms to comply with the rules in a way that suits their business size, the sphere in which they operate and the needs and demands of their clients.
  • The opportunity to nominate a single point of contact in the firm and to provide compliance information to us through a single annual return.
  • For firms holding clients’ money, a lower cost compliance regime that provides help and guidance from our own accountancy team (roughly 2500 regulated firms hold clients’ money).
  • For eligible firms, the use of ‘Regulated by RICS’ on letterheads and business stationery to profit from the reputational benefits of a cutting-edge professional regulatory regime, valued by clients, and recognized by governments and regulators
138
Q

Why should I register my firm?

A
  • Advertising benefits over your competitors – Use RICS Logo
  • Your clients will be aware that your firm is regulated
  • A principles-based, sensible approach to Regulation
139
Q

What is Money Laundering?

A

Criminals introduce dirty money into financial system

Turn criminal money into clean money

140
Q

How do you stop Money Laundering?

A
  • Confirm Clients identity
  • Keep Records
  • Have policies
  • Report Suspicion
  • Seek Legal Advice
141
Q

What would you do if a Client offered you cash?

A

Don’t accept it as it could be proceeds of crime.

142
Q

If you had to accept it what would you do?

A
  • Check the clients bank details
  • Take full name and address
  • Keep records of business deal for at least 5 years
143
Q

How does the RICS discipline members?

A

For less serious cases where the Regulated Member admits allegations, we can use a Regulatory Compliance Order to ensure future compliance with our standards. Where the Regulated Member does not admit the allegations, the case can be referred to a Single Member of the Regulatory Tribunal to decide on whether to impose a disciplinary outcome. The Regulatory Tribunal is independent from RICS and the regulatory department.

For the most serious cases it may be necessary for us to refer a case to a Disciplinary Panel, drawn from the independent Regulatory Tribunal.

144
Q

What is a regulatory compliance Order?

A
  • Caution
  • Reprimand
  • A requirement that the Regulated Member gives one or more undertakings as to future conduct
  • A requirement that the Regulated Member takes or stops taking certain actions within a specified period of time
  • Conditions on the Regulated member’s continued membership of RICS
  • Conditions on a Regulated Members registration for regulation
  • A requirement that the Regulated Member pays a fine of up to £2000 per breach