Ethics Flashcards
When did the rules of conduct come into effect?
2nd February 2022
What are the five rules of conduct?
- Members and firms must be honest, act with integrity and comply with their professional obligations including obligations to the RICS.
- Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
- Member and firms must provide a good quality and diligent service.
- Members and firms must treat others with respect and encourage diversity and inclusion.
- Member and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence.
Can you give a time when you have acted with honesty and integrity?
I ensured that I was acting in accordance with both the Misrepresentation Act 1967 and the Estate Agency Act 1979. I made sure the information provided within my particulars was accurate and that all distances and measurement were specified as approximate
Can you give a time when you have acted within your professional competence?
When carrying out the disposal of 74 Mitcham road I was questioned on complex legal matters. I informed them that it was outside my area of expertise and advised them to get in touch with the legal professionals.
Can you give an example of when you have provided a good quality and diligent service?
When carrying out the valuation of the office in Camden for internal financial reporting purposes. I delivered the report on time and to a high standard. This led into further work from the client for internal reporting purposes.
Can you given a time when you promoted diversity and inclusion?
I have undertaken numerous training courses. I also arranged for a speaker to come in to promote diversity of thinking in the workplace.
Can you give an example of when you have acted in the public interest, prevented harm or promoted trust within the profession?
A tenant of a potential disposal we went round did not have an update to date EPC. The landlord wanted to go ahead with marketing without an EPC. I advised my client we should not be marketing without valid epc.
What are the other rules?
- Trust
- Integrity
- Respect
- Take responsibility
- Provide a high level of service
What is a royal charter?
A formal document issued by the King, granting a right or power to an individual or a corporate body It defines objectives, constitution and powers to govern own affairs.
What are the professional obligations for members & firms?
Members:
- Must comply with CPD requirements
- Must cooperate with the RICS
- Must promptly provide all informational reasonably requested by Standards and Regulation board
Firms
- Publish a complaint’s handling procedure which includes a dispute resolution provider approved by the RICS
- Ensure all previous and current work is covered by public indemnity insurance that meet RIC standards
- Sole practise firms must ensure they have appropriate arrangements for their work to continue in any event they cannot work
- Firms must cooperate with the RICS
- Must promptly provide all informational reasonably requested by Standards and Regulation board
- Must display on their business literature, in accordance with RICS published policy on designations, a designation to denote that they are regulated
- Report to RICS any matter that they are required to report under the Rules of Registration of Firms
What are the benefits of being a member?
- Status - client confidence
- Recognition - promotion of your professional excellence to government and markets
- Market Advantage - Competitive advantage
- Knowledge - CPD, knowledge sharing
- Network
What to when closing a firm?
Inform RICS of the closure
Ensure clients are informed and hand over arrangements to another firm
Return any moneys help by clients to their own accounts
Inform insurers and ensure have appropriate run off cover for min 6 years
Retain a copy of the client files and records for a min of 6 years
What is PII run-off cover?
Provide cover for allegations of professional negligence after you’re no longer practising or retired
Are professional statements mandatory or voluntary?
Mandatory
Are guidance notes mandatory or voluntary?
Voluntary
Give me an example of a professional statement?
Conflict of interest, Global 2017
Give me an example of a Guidance note?
Surveying safely 2018
Comparable evidence in real estate 2019
Given me an example of a code of practise?
Code of measuring practise (2015)
Rating consultancy code of practise
What are the different types of conflicts?
- A party conflict – relating to work on the same or related instruction for two different parties
- A own interest conflict – relating to a personal interest
- A confidential information conflict relating to work between two parties that is confidential
What is informed consent?
Receiving permission to carry out the work. Surveyors should only seek it if satisfied all relevant parties are best served by doing so. Can only be given in writing
What are three steps to handling conflict?
- Conflict avoidance – because you’re impartiality is compromised and should be avoided where possible
- Written advice to both parties – set out in writing as soon as possible the nature of the conflict and request written confirmation from both clients of their informed consent.
- Conflict management – set up information barriers in accordance with what was agreed with the client.
Once qualified what is the CPD requirements?
20 hours per year, of which 10 must be formal
Why have PI cover and how do you go above getting one?
Professional indemnity insurance
It is to protect, clients, surveyors and third parties against negligence claims when there is a duty of care breached and a claim for damages.
Details are set out in the RICS professional Indemnity Insurance Requirements.
Must be underwritten by an RICs approved insurer.
What are the difference PI cover based on?
The current minimum requirement is based on turnover of the firm. If turnover in the preceding year is
£100,000 or less – the minimum level of indemnity is £250,000
£100,001-£200,000 - the minimum level of indemnity is £500,000
£200,001 and above - £1,000,000
What to do if you’re starting your own practise?
- Inform RICS you’re setting up your own practise
- Arrange PII and send the details to the RICS
- Set up procedures to address the requirement of the client money handling professional statement
- Register for the RICS Valeur registration system
- Get approvsl for RICS complaints Handling procedure
- Appoint a complaints handling offcer
- Obtain a logo kit from the RICS and use to produce all practise material to ensure compliance
- Plan for succession/future running of the business
- Ensure CPD is logged online
- Set up a staff training plan
- Ensure completion of an online RICS annual return at the end of the year
Who is the CEO of RICS
Justin Young
Who is the interim Standards and regulation board chair
Nigel Clarke
From January 2023 who is the RICS president?
Ann Gray
What was the Bichard review and when was it published?
Lord Michael Bichard published his independent Bichard RICS Review (June 2022) which was commissioned by the RICS Governing Council to review the Institution’s purpose, governance and strategy following the recommendation from the Levitt Review.
What further RICS obligations do you have when you’re qualified?
You have to update your ethics competence every 3 years
When was RICS founded?
1868
What is the background to the RICS?
RICS has a Royal Charter, initially granted by Privy Council in 1881
RICS regulations and bye-laws set out the governance of the insitution
How many members were there as of Jan 2023
137,500 qualified and trainee members
What are the 4 levels of membership?
FRICS
MRICS
AssocRICS
Trainee/studen
How do you become a fellow?
You need to provide the following for the fellowship assessor to consider
- evidence of achievement of Four fellowship characteristics which include five or more years at MRICS, a leadership role, professional/technical achievement, academic achievement or raising the profile of the RICS.
- A portfolio of professional achievement to support the application is also required which includes your CPD record.
What is the current governance structure of the RICS?
25 members
17 specialist professional groups
RICS is currently governed under the terms of it’s Royal Charter, by various councils, boards and associations
The governing council currently has 21 members and runs the RICS, providing management and strategic direction.
The Regulatory Board, Management Board and various boards and committees report to Governing Council.
There are 17 specialist professional groups covering property, land and construction. Each professional group has an elected board and is responsible for outlining standards of competence and practice.
What is the UK structure of the RICS?
4 national associations
10 regional boards
Local Associations
What is RICS Levitt Review?
The Levitt Report was commissioned by the RICS following a Treasury management audit in 2018
Prior to the audit the RICS had to extend it’s overdraft facility by circa £3m due to inaccurate cashflow forecasting
The treasury management audit offered a no assurance verdict on RICS internal financial control procedures and following this the Levitt report was commissioned as an independent review.
The conclusion of the Levitt report alluded to an internal power struggle due to its two board structure made up of a Management Board and Executive Board
What were the Levitt recommendations?
The RICS accepted each of Levitt’s recommendations including
-The RICS Governing Council are to have more oversight over internal dealings of the RICS
-The RICS Governing Council are to be briefed by the management board as opposed to a single CEO
-The RICS Governing Council are to oversee executive management bonuses
-The report called for greater transparency as the CEO could have involved the -management board in order to rectify the treasury issues
-No evidence of improper or illegal conduct was discovered.
What does the RICS standard for?
The Royal Institution of Chartered Surveyors
What is the 2020 quote from the RICS as the role of the RICS?
Promotes and enforces the highest professional qualifications and standards in the development and management of land, real estate, construction and infrastructure
What are the 3 main role of the RICS?
- Maintain the highest standard of education and training
- To protect consumers through strict regulation of professional standards
- To be the leading source of information and independent advice on land, property, construction and associated environmental issues
What is the Bichard review and how did it come about?
The review followed the independent review of internal governance failings with RICD carried out by Alison Levitt in 2021.
What did the Bichard review look at?
Clarify the purpose of the RICS, including its responsibility to act for the public advantage
Make recommendations on its governing structure to deliver that purpose
Provide proposal for the incoming leadership and governing body on the future culture and strategy of the institution
What were the seven recommendations from the Bichard Review?
1) A renewed and increased focus on the public interest remit of RICS, including amending the Royal Charter and creating a public interest panel to advise Governing Council
2) Maintaining self-regulation, through greater independence for regulatory functions
Increased focus on Diversity and Inclusion across the profession and within RICS governance
3) Empowering and enabling members through greater support for regional boards, alongside increased member engagement, with renewed focus on younger members
4) Undertaking an independent review of RICS’ governance and effectiveness at delivering against its Charter for the public advantage once every five years
5) A new simplified, clear, accountable governance structure
6) Showing greater leadership on the issues that matter most to society, such as sustainability and climate change
What is the outcome from the Bichard review?
RICS has agreed to adopt all the Bichard recommendations and changes are in hand
The aim is to deliver a member-led public interest focused RICS with 5 key themes of governance, strategy, culture and values and member service
3 benefits of regulation for firms?
Confidence - for clients as regulated firms are monitored by RICS
Professionalism - firms have to provide clear, impartial and expert advice
Security - firms have to have a recognised complaints handling procedure, access to free independent redress and PI cover
What is the RICS requirement for registration?
Firms providing surveying services to the public must register for regulation to ensure that there is a recognised quality benchmark for all firms
If there are no RICS members, a firm cannot register
Firms must annually make a return to the RICS confirming their compliance with their obligations
Where will disputes concerning the registration for a firm be heard?
By the RICS Standards & Regulation Board