Ethics Flashcards
RICS stands for?
Royal institution of Chartered Surveyors
New Rules of Conduct (WEF 2 Feb. 2022)
- A simpler structure - easier for RICS members and firms to understand our rules, providing more confidence for clients and the public
- Clear examples
5 ethical standards
- Members and firms must be honest, act with integrity and comply with their professional obligations and obligations to RICS
- Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
- Members and firms must Provide good-quality and diligent service
- Members and firms must Treat others with respect and encourage diversity and inclusion
- Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
9 protected characteristics protected under Equality Act 2010
- Gender reassignment
- Sex
- Sexual orientation
- Age
- Disability
- Race
- Religion or belief
- Marriage and partnership
- Pregnancy and maternity
What are the 4 types of discrimination
- Direct
- Indirect
- Harassment
- Victimisation
When was RICS founded and who is the current president
Found 1868 with RICS Royal Charter granted 1881
Ann Gray FRICS
3 market sectors covered by RICS
1.Land
2. Property
3. Construction
What is a conflict of interest
Arises when a members independence / impartiality is threatened due to existence of conflict between clients
Types of Conflict
- Party Conflict
- Own Interest Conflict
- Confidential Information Conflict
Managing conflict of interest (COI)
- Conflict Avoidance - do not accept instruction
- Conflict Management - set up procedure agreed in informed consent (information barrier
- Written Advice to Both Parties
a. Disclose nature of conflict and set our how firm wishes to deal with conflict (information barrier)
b. Be clear – ensure parties make own decision (suggest independent advice)
c. Request written informed consent to act in accordance with procedure proposed
Definition of RICS Assigned Risk Pool
insurance available at cost for members who cannot arrange cover
Can remain in for 3 years until they can acquire formal cover
Definition of Run Off Cover
Required following the cessation of trading
* Consumer claims - minimum cover of £1,000,000 over minimum of 6 years
* Commercial claims – firms must decide cover, minimum of 6 years
* Firms unable to obtain run-off cover, can apply for RICS Run-off Pool
Levels of Professional Indemnity Insurance (PII) needed
Firms Turnover £100,000 or less = £250,000 minimum PII
£100,001-£200,000 = £500,000
OVER £200,000 = £1,000,000
What is Professional Indemnity Insurance (PII)
To protect clients, surveyors and third parties against negligence claims where a duty of care breached and a claim for damages rises
What is a Locum
Another professional who is appointed to ‘stand in’ for the surveyor/sole practinioner if they are unable to work eg incapacity or death
What is a Chinese wall
An information barrier- requires physical or electronic separation of individuals within the same firm which prevents confidential information from being passed between them
What are the 5 RICS principles of better regulation
1.Proportionality
2. Transparency
3. Accountability
4. Targeting
5. Consistency
What are the professional obligations for members (3) also referred to as core professional obligations
- Members must comply with CPD requirements- 20 hrs once qualified annually 10 must be formal
- Members must cooperate with RICS
- Members must promptly provide all information reasonably requested by the Standards and
Regulation Board, or those exercising delegated authority on its behalf.
What are the professional obligations of RICS regulated firms? (7)
- Firms must publish a complaints-handling procedure, which includes an alternative dispute
resolution provider approved by RICS, and maintain a complaints log.
• 2. Firms must ensure that all previous and current professional work is covered by adequate and
appropriate professional indemnity cover that meets the standards approved by RICS.
• 3. Firms with a sole principal must make appropriate arrangements for their professional work to
continue in the event of their incapacity, death, absence from or inability to work.
• 4. Firms must cooperate with RICS.
• 5. Firms must promptly provide all information reasonably requested by the Standards and Regulation
Board, or those exercising delegated authority on its behalf.
• 6. Firms must display on their business literature, in accordance with RICS’ published policy on
designations, a designation to denote that they are regulated by RICS.
• 7. Firms must report to RICS any matter that they are required to report under the Rules for the
Registration of Firms.