Ethics Flashcards
Can you explain the significance of the RICS Rules of Conduct and why they were updated in 2021?
Answer: The RICS Rules of Conduct are essential because they set the professional and ethical standards expected of RICS members and firms. The 2021 update reflects the need to modernize these rules to keep pace with changes in the industry, societal expectations, and regulatory environments. The update also emphasizes transparency, sustainability, and the protection of public interest, which are increasingly important in the built environment sector.
How do the Rules of Conduct guide your daily professional behaviour as a surveyor?
Answer: The Rules of Conduct provide a clear framework for decision-making and behavior. They ensure that I act with integrity, transparency, and professionalism in all my dealings. For example, the rule on ethical behavior reminds me to avoid conflicts of interest and to always act in the best interests of my clients and the public.
What are the potential disciplinary actions that can be taken against members or firms who fail to adhere to the RICS Rules of Conduct?
Answer: Disciplinary actions can range from formal warnings and fines to suspension or expulsion from RICS membership. Firms can also face similar penalties, including the loss of RICS accreditation. These actions are taken to maintain the integrity of the profession and ensure public trust in RICS members and firms.
What are the 5 rules?
- Rule 1 - Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Rule 2 - Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
- Rule 3 - Members and firms must provide good-quality and diligent service.
- Rule 4 - Members and firms must treat others with respect and encourage diversity and inclusion.
- Rule 5 - 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.
Give an example behaviour for each.
- Rule 1 - Members and firms do not mislead others by their actions or omissions, or by being complicit in the actions or omissions of others.
- Rule 2 - Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
- Rule 3 - Members and firms understand clients’ needs and objectives before accepting any professional work.
- Rule 4 - Members and firms respect the rights of others and treat others with courtesy.
- Rule 5 - Members and firms respond to complaints made against them promptly, openly and professionally.
Why is it important for RICS members to understand and apply the five rules of conduct?
Answer: Understanding and applying the five rules is crucial because they ensure that members uphold the highest standards of professionalism and ethical behavior. This not only protects the reputation of the individual member and their firm but also ensures that the public can trust RICS members to act in their best interests.
Can you tell me about the RICS requirements in relation to PII?
- All RICS regulated firms and individuals members who provide a professional service to the public are required to have PII
- Minimum coverage levels, which is based on a firms turnover in the preceding year
o £100,000 or less = £250,000 minimum limit of indemnity
o £100,001 to £200,000 = £500,000 minimum limit of indemnity
o 200,001 and above = £1,000,000 minimum limit of indemnity - Maximum level of uninsured excess
o Up to and including £500,000 = Either 2.5% of the sum insured or £10,000, whichever is greater.
o Over £500,000 limit of indemnity = 2.5% of sum insured. - PII must be obtained from an insurer that is authorized by the Financial Conduct Authority (FCA) and meets RICS’ criteria for providing such cover.
- Firms are required to make an annual declaration to RICS confirming that they have appropriate PII in place.
What is Professional Indemnity Insurance (PII)?
Answer: Professional Indemnity Insurance (PII) is a type of insurance that provides coverage for professionals against claims of negligence, errors, or omissions made by clients or third parties. It is designed to protect professionals from the financial consequences of claims arising from their professional services or advice.
What disciplinary procedures can the RICS impose?
Answer: RICS’s disciplinary procedures are designed to address breaches of its standards and codes of conduct effectively and fairly. The process includes investigation, hearings, and various sanctions, with a clear appeals process to ensure fairness. By enforcing these procedures, RICS aims to uphold the integrity and professionalism of its members and firms, protecting the public and maintaining high industry standards.
What does ‘claims made’ mean in terms of PII?
- Type of policy typical with PII
- Covered by insurnace policy at the time of claim.
- E.G negligent design work would be covered by insurer at the time of claim and not at time of design work.
- Potentially means insurers take on past negligence of a firm.
Is a PII excess usually paid for per claim? (Aggregation Clause)
Answer: In most Professional Indemnity Insurance policies, the excess is paid per claim. This means the insured must pay the specified excess amount for each individual claim made under the policy.
Aggregate clause allows multiple claims to be grouped under one excess. Benefitial to insurer as they are only liable to pay to the limit once.
What does ‘claims made’ mean in terms of PII?
Answer: A “claims made” PII policy provides coverage for claims made and reported during the active policy period, regardless of when the incident occurred, provided it falls within the retroactive date.
Is a PII excess usually paid for per claim?
Answer: A “claims made” PII policy provides coverage for claims made and reported during the active policy period, regardless of when the incident occurred, provided it falls within the retroactive date.
What would you do if offered a gift?
If offered a gift, I consider the value and context of the gift, i.e if a contractor is trying to influence my decision. If small such as branded pens etc I would be inclined to accept, but I avoid gifts of significant value. If a gift is offered I declare to my employer and document the value, the giver and the context in the companies gift and hospitality register.
What is run off cover?
Answer: Run-off cover, also known as run-off insurance, is a type of Professional Indemnity Insurance (PII) that provides continued coverage for claims made against professionals after they have ceased trading, retired, or otherwise stopped practicing.
Gift Policy and RICS takes on gifts?
Answer: Rules of Conduct Rule 1 states: Members and firms do not allow themselves to be influenced improperly by others (as a result of, for example, giving or receiving work referrals, gifts, hospitality or payments) or by their own self- interest.
Explain the key steps you would take if you decided to set up in practice as a sole trader after qualifying.
- Define the service I would offer and a scope of service for each.
- Develop a business plan.
- Register business with HMRC.
- Set up financial systems.
- Obtain professional indemnity insurance, public liability insurance and employers liability insurance (if plan to employ), building and contents insurance.
- Set up standard documents and terms of service.
- Complaints handling procedure.
What changes did RICS recently make to the Minimum Approved PII Wording?
Answer: As of 1 April 2021 RICS new Minimum Policy Wording and insurance rules for professional indemnity insurance (PII) are in effect, which will allow more chartered surveying firms to obtain improved fire safety cover in their PII. The new Minimum Policy Wording and insurance rules will mean that from 1 May 2021*, PII policies will provide greater fire safety cover for chartered surveyors. Under the new rules insurers are not permitted without specific dispensation to exclude fire safety claims on a property four storeys or less and fire safety coverage must be provided as a minimum on an aggregate, defence cost inclusive basis
What RICS requirements are there relating to run off cover?
Answer: In the UK and Ireland, RICS requires regulated firms to have in place six years of run-off cover for consumer claims (insurers will provide £1,000,000 any one claim and in the aggregate limit automatically in the RICS Approved Minimum Wording). For non-consumer claims we require regulated firms to have ‘adequate and appropriate’ run-off cover but would expect that run-off to be maintained for a minimum of six years from the cessation of the practice.
Can you discuss a situation where you applied the RICS Rules of Conduct to resolve a conflict of interest? What was the outcome?
Answer: I was involved in a project where I had a prior personal relationship with one of the contractors. Recognizing this as a potential conflict of interest, I disclosed it to my employer and removed myself from any decision-making related to the contractor. This ensured transparency and maintained the integrity of the process.
If a client asked you to act in a way that would put you in breach of the RICS Rules of Conduct, how would you respond?
Answer: I would explain to the client that the requested action would violate RICS rules and could have serious consequences for both myself and the client. I would offer alternative solutions that comply with the rules, ensuring that the client’s objectives can still be met ethically and professionally.
Imagine you are working on a project where a colleague suggests a course of action that could potentially breach one of the RICS Rules of Conduct. How would you handle this situation?
Answer: I would address the situation directly by discussing my concerns with the colleague, referring to the specific rule of conduct that could be breached. If the issue is not resolved, I would escalate it to a higher authority within the firm or seek guidance from RICS to ensure that the action taken aligns with professional standards.
Suppose you discover that a firm you are working with is engaging in unethical practices. What steps would you take in accordance with the RICS Rules of Conduct?
Answer: I would first gather all relevant information and document the unethical practices. Then, I would raise the issue with the firm in question, giving them an opportunity to address the problem. If the practices continue, I would report the matter to RICS, following the guidelines for whistleblowing and ensuring that my actions are in line with the RICS ethical framework.
How has the RICS online ethics training course influenced your approach to ethical decision-making in your work?
Answer: The RICS online ethics training course has reinforced the importance of ethical principles in every aspect of my work. It has provided me with practical tools and frameworks to identify and address ethical dilemmas, ensuring that my decisions are always aligned with RICS standards.