Ethics Flashcards
What is the purpose of the RICS Rules of Conduct?
Support a positive change in the built and natural environmental, through promoting the highest ethical standards in valuation, the development and management of land, real estate, construction and infrastructure. They are based on six ethical principles of honest, integrity, competence, service, respect and responsibility
What updates have been made to the rules of conduct since 2007?
- Simpler Structure -understand and confidence
- Clear examples - each rule illustrated with examples of how to behave to comply with the Rules - 12 case studies
- Focus on respect, diversity and inclusion - tackling modern slavery, respect and courtesy underpin the professional ethics
- Understanding evolving technology
- Emphasise the role of members expertise in tackling global challenges (sustainable development and climate change)
What is Rule 5 of the RICS Rules of Conduct
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.
What is Rule 1 of the RICS Rules of Conduct
Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS
How can firms comply with RICS 1 of the Rules of Conduct
- Misrepresentation Act 1967 - Do not misrepresent info
- How to deal with gifts/hospitality
(Bribery Act 2010,
Money Laundering and Terrorists’ Financing Regulations 2019
Countering bribery and corruption, money laundering and terrorist financing) - Conflicts of Interest 2017 – reissued as RICS professional standard
- Client money handling
What is Rule 2 of the RICS Rules of Conduct
Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
How can firms comply with RICS 2 of the Rules of Conduct
Knowledge, skills, resource, CPD
What is Rule 3 of the RICS Rules of Conduct
Members and firms must provide good-quality and diligent service
How can firms comply with RICS 3 of the Rules of Conduct
- Understand Client requirements - terms of engagement and scope of services, special assumptions - recorded within ToE
- Work diligently to agreed timescales
- Written records of instruction - audit trail
- Data Protection Act 2018 - minimise harm
What is Rule 4 of the RICS Rules of Conduct
Members and firms must treat others with respect and encourage diversity and inclusion
How can firms comply with RICS 4 of the Rules of Conduct
Do not discriminate - protected characteristics under the Equality Act 2010 in England.
Do not bully or harass
Supply chain modern slavery
What is Rule 5 of the RICS Rules of Conduct
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
How can firms comply with RICS 5 of the Rules of Conduct
question practices, raise concerns, respond to complaints, cooperate with investigations
way members handle complaints in line with Complaints handling, RICS guidance note,
and the requirements for regulated firms to have an approved redress mechanism such as those set out by the Centre for Effective Dispute Resolution (CEDR).
What obligations are mandatory for RICS members?
- Members must comply with the CPD requirements set by the RICS.
- Members must cooperate with the RICS.
- Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
What obligations are mandatory for RICS firms?
Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log.
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.
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.
Firms must cooperate with RICS.
Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
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.
Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms
What disciplinary procedures can the RICS undertake?
Self-regulation with the RICS –Three levels of disciplinary action are:
- Action by Head of Regulation
- Disciplinary panel
- Appeal Panel
Initial Investigation Stage –First step is formal investigation by Head of Regulation of the RICS
HOR can then initiate one the following three actions:
- Fixed Penalty -levied based upon the delay in time -used only for breaches related to not supplying information to RICS
- A consent order -low level breaches of the Rules –a written document that sets out what the member or firm must take/not take in a specified time period.
- Action by Disciplinary Panel -used for more serious breaches of conduct -penalties available:
* Consent order as above
* Impose an unlimited fine
* Impose conditions upon future continued RICS Registration
* Suspension
* Expulsion
* Costs+Admin to be paid
* Require publication in the RICS business magazine or website
This can be reviewed by the appeal panel.
What did you learn from the RICS Professionalism module?
What Ethics is and the purpose of it in the workplace
What constitutes a profession
About the Rules of Conduct
The different types of conflicts of interest
What are rules?
are imperative directions to do or not do something. Imposed by external authorities such as the state or regulators. Regulatory rules (i.e., those set out by RICS) are enforceable
Purpose of studying ethics
- avoid being pushed around
- critical thinking
- trustworthy
What are the two general theories of ethics?
Deontological - right and wrong based on rules rather than actions
Consequentialist - right and wrong based on consequences
What ethical challenges does your role present?
- Bribery
- Gifts
- Nepotism
- Wrongful discrimination
- H&S - different standards
- Dishonesty
How do you hold high ethical standards inside work?
- Comply with company policies
- Comply with the law
- Act without bias
- Take reasonable, responsible behaviour
- Mindful of CONFIDENTIALITY
- Do what is right not easy
What is a Royal Charter?
Instrument of incorporation, granted by the King which confers an independent legal personality for an organisation.
It defines its objectives, constitution and powers to GOVERN OWN AFFAIRS.
- Subject to the general law
- Generally self-regulating
- Not answerable to the Privy Council in relation to conduct of its internal affairs.
The only power the Privy Council has is considering changes to Chart and the Bye Laws.
Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage. In this context, the practice of surveying involves ‘securing the optimal use of land and its associated resources to meet social and economic needs.
Can you give me an example of where you have applied ethics, rules of conduct and professionalism in appointing a consultant?
I had to select a Monitoring Surveyor to work on monitoring the delivering of 50 affordable homes at Lower Haysden.
I started by liaising with my delivery team to select four potential consultants off Clarion’s procurement framework who had the necessary skills and expertise’s for the job.
I then issued a tender pack to the consultants which included a Project Brief, Invitation to tender document, scope of services and the draft appointment from.
The ITT clearly set out the:
1. Timescales for the project
2. Documents to be submitted
3. Evaluation criteria
It also included:
1. Non-collusion section
2. Confidentiality statement
3. Conflicts of interest and declaration of interest form
4. Copywrite
5. Confirmation Gifts and hospitality were not to be sent or received during the tender process.
To ensure the consultants were fairly assessed I created a scoring matrix and determined a weighting between qualitative and quantitate responses which I detailed in the ITT.
I ensured all clarification requests and responses were shared with all the tenderers in a timely manner. I was respectful when turning down unsuccessful consultants and provided feedback.
What was the scoring matrix?
The tenders were to be scored based on 40% price (quantitative score) and 60% quality (qualitative score) which was based off 4 questions
How did you ensure the consultants were fairly assessed?
Scoring matrix / criteria
Mix of qualitative and quantitative scoring questions
Removed prices when scoring the qualitative answers
Mix of scoring assessors
What is Clarion’s Gifts and Hospitality Policy?
Policy aims to provide guidance on the appropriateness of receiving gifts and hospitality, whilst protecting you and Clarion from any allegation of impropriety, bias, bribery or corruption.
Sets out what gifts / hospitality can or cannot be accepted and the reporting requirements.
What do you need to consider when accepting gifts / hospitality?
- The intention
- The nature of your relationship
- The value
- The timing
Also need to consider:
- Clarion’s reputation
- INFLUENCE YOU in anyway
What gifts must be declined?
Cash or gift vouchers
Overseas or overnight trips
Anything deemed lavish or extravagant
Invitations including a person connected to you
Any offer of gift or hospitality from an individual or business involved in an active tender process or commercial negotiations
Any offer or gift from a potential resident
What is the practice of surveying under the Royal Charter?
RICS is required to maintain the usefulness of the profession for the public advantage.
Surveying involves securing the optimal use of land and its associated resources to meet social and economic needs.
What is Clarions policy on giving and receiving hospitality and gifts.
Receiving hospitality
Occasional and modest – approval: from Line manager – recorded: no later than 5 days after the event
High value (£100+) – approval: from GET Director – recorded: before event
Giving hospitality
Occasional and modest – approval: from Line manager – recorded: before
High value (£100+) – approval: from GET Director – recorded: before event
Receiving gifts
Up to £10 from residents - approval: from Line manager – recorded: once accepted
Up to £10 from individuals / businesses - approval: from Line manager – recorded: don’t need to record unless second gift in a 12-month period
Over £10 – refused or when it will cause offence donate to charity raffle – approval: Line Manager – record: once accepted
Giving gifts
Only of modest value in exceptional circumstances – approval: GET Director – before giving gift
How did you determine it was acceptable to attend the Golf Day?
Considered:
The intention behind the offer
The nature of your relationship with the individual or business
The value
The timing
Could it damage Clarion’s reputation
Could the gift or hospitality influence you in anyway
Hospitality, NO CURRENT ACTIVE COMMERCIAL DISCUSSION on-going with Savills
Able to build up relationships with other developers attending and the agent
Not deemed lavish compared to my role (modest / proportionate to my role) – golf morning with a group golf lesson and a bacon roll
Occasional and modest hospitality (less than £100)
Line manager approval required and gifts and hospitality form completed no later than five days after the event
Why did you need to record your attendance?
Governance Team responsible for compliance. Individuals may be subject to an audit or review of their compliance with this policy. Failure to comply may lead to disciplinary action.
May be committing an offence under the Bribery Act 2010 – fines or penalties for both you and Clarion.