Ethics Flashcards
What are the RICS Rules of Conduct?
RICS Members and Firms must….
- Be Honest, Act with Integrity and Comply with their Personal obligations and their Obligations to the RICS
- Maintain Professional Competence and Ensure Services are Provided by individuals with the necessary Expertise
- Provide a Good quality & Diligent Service
- Treat Others with Respect & Encourage Diversity & Inclusion
- Act in the Public Interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
What are the Mandatory Professional Obligations for RICS members?
- Comply with RICS CPD requirements
- Cooperate with the RICS
- Promptly provide all information reasonably requested by the Standards & Regulation Board.
What are the Mandatory Professional Obligations of RICS Firms?
- Publish a Complaints Handling Procedure
- Ensure previous and current work is covered by PII that meets RICS statndards and has been approved
- Make arrangements for back up service provisions if a sole practitioner
- Cooperate with the RICS
- Promptly provide all information reasonably requested by the Standards & Regulations Board
- Display on Business Literature “regulated by the RICS”
- Report anything to the RICS that is required under the Rules for the Registration for firms.
Why did the RICS introduce new rules of conduct?
- Simpler structure - Easier for members and firms to understand the rules
- Clear examples - 12 case studies referencing real life application of the rules
- Focus on Respect, Diversity & Inclusion
What is the Ethics decision tree and when would you use it?
The decision tree provides a framework of questions a member should ask themself when they face a potentially unethical situation.
Disciplinary Procedures:
Why does the RICS regulate the surveying profession and which department does this?
How can disciplinary procedures be triggered?
To protect the public, uphold public confidence in the profession. This is undertaken by the Standards & Regulatory Board
Disciplinary procedures can be triggered by someone complaining to the RICS, an allegation by a Client or Third party or because of information received or established by the RICS
Disciplinary procedures:
What are the three levels of disciplinary procedure?
What four actions can be initiated upon completing their investigation if disciplinary action is necessary and who by?
Disciplinary procedure:
1. Action by head of regulation
- Disciplinary panel
- Appeal panel
FOUR actions:
1. Serve a Fixed penalty notice
- Make a regulatory compliance order
- Refer the matter to a member of the regulatory tribunal
- Refer the matter directly to a disciplinary panel
What is the RICS guidance on use of social media?
Give an example of social media activity that can cause damage to the profession’s reputation
The RICS will likely investigate social media posts if they involve:
Discrimination
Dishonesty
Abusive or threatening behaviour
bullying/harrassment
Ignoring previous advice about concerns
The RICS will not investigate posts which:
Are critical of an organisation
Use professional and respectful language
Are removed if requested to do so.
The RICS may take disciplinary action if they feel a post may damage public confidence or trust in the profession
What is the meaning of being objective?
How do you remain objective in your worK?
not influenced by personal feelings or opinions in considering and representing facts.
I have my work peer reviewed
How long is the window for Conflicts of Interest?
2 years
If you are disposing of a property, when do you need to have undertaken AML?
Before you put the property on the market on behalf of the client and before instructing solicitors for the purchaser/tenant
Who do you need to undertake AML on in a disposal?
Landlord (if you are disposing) before you put it on the market AND the Tenant before instructing lawyers
What is your company’s inclusion policy?
Cluttons recruit and promote based on talent and ability to fulfil the needs of the business.
Cluttons seek to draw in talent from all sections of society
What is PACT?
Professional Arbitration on Court Terms - a joint initiative set up by RICS and the Law Society as a form of alternative dispute resolution
What are the benefits of ADR?
Speed
Keeps it away from court
Cheaper option