Ethics (Level 1) Flashcards
How many RICS rules of conduct for professionals are there?
5
What are the RICS rules of conduct for professionals?
Rule 1 - All must be honest, act with integrity and comply with the professional obligations
Rule 2 - All must maintain professional competence and ensure services provided by competent individuals
Rule 3 - All must provide a good quality and diligent service
Rule 4 - All must treat others with respect and promote diversity and Inclusion
Rule 5 - All must act in the public interest and maintain public confidence and take responsibility
RICS professional obligations for firms?
1) Complaints handling procedure with ADR
2) Adequate PI in line with RICS
3) Sole principle recover if required
4) RICS Co-Operation
5) Submit information to RICS regs board in a timely manner when requested
6) Display RICS on business literature
7) Report to RICS on anything under registration of firms
RICS professional obligations for members?
1) Comply with CPD policy
2) Co-operate with RICS
3) Provide information to the RICS regulations board in a timely manner when requested
Why do you want to become a RICS member?
1) To develop my expertise and knowledge
2) To enable myself to offer the best possible service to my clients
3) To inspire the next generation of surveyors
Bodies within RICS?
Lion heart - A Christy which supports post and present RICS professionals
Matrix - Community which offers early career support
What do the RICS rules of conduct replace?
Came into effect in Feb 2022 replacing the previous version from 2007 and moved from 3 documents to one with Apendix A
Introduced for number of reasons:
- Simpler Structure
- Clear examples
- Focus on diversity and inclusion
- Understanding technology & data
- Tackle global challenges
CPD Policy?
20 Hours per year
10 of which must be formal
All must be recorded with RICS by the 31st Jan of the following year
Must maintain relevant understanding of ethical standards on a 3 yr rolling basis
What is a Bye-Law
Regulation made by the RICS
Every firm must comply with
Made pursuant to Article 16 & 17 of the charter
Examples of a Bye Law?
Law 5 - Conduct
5.2 - Conduct for Members
5.3 - Conduct for Firms
When was RICS founded?
1868
Principles of better regulation?
5 principles which all firms must adopt:
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
What does the term self-regulate mean?
RICS operates under its own regulatory framework, rather than legislated by the government
What documents govern RICS?
- Royal Charter
- Bye-laws & regulations
- Standing order
RICS CEO?
RICS President?
CEO - Justin Young
President - Tina Paillet
Different types of conflict of interest?
- Party Conflict
- Own interest conflict
- Confidential Information Conflict
What is the Royal Charter?
And who granted it?
Formal document issued by the privy council in 1881 which gives right or power to an individual or body, in this case the RICS
RICS mission statement?
Enforce and promote the highest ethical and technical standards
RICS disciplinary procedures?
Investigated by the head of regulation:
Less serious
- Regulatory compliance order
- Fine or Caution
More serious
- Disciplinary Panel
- Conduct a hearing
- Sanctions from fine to expulsion
When did RICS last update their discipline panel?
October 2019
Meaning of professional practice?
- Conduct / work of someone from a particular profession
- Professionals are occupations that require prolonged period of education and training
Money laundering regulations/legislation?
- Proceeds of crime act 2002
- Money laundering, terrorist financing and transfer of funds regulations 2017
Bribery Legislation?
Bribery act 2010
What is a bribe?
It’s a criminal offence
Offer, giving or acceptance of any financial or other advantage to induce that person or others to act improperly
Bribe penalties?
Unlimited fines
Up to 10 years in prison
Money laundering penalties
Fine
Upto 14 years in prison
RICS Ethics v Rules?
Ethics - Moral Values
Rules - Framework that must be adhered to
Purpose of RICS rules of conduct?
- Support positive change in the built environment
- Promote & Enforce the highest ethical standards
- Provide a structure for making ethical decisions
- Apply to all members and firms worldwide
RICS requirements on PI insurance?
PI protect against claims as a result of negligence service
Based on firms turnover:
- £100k or less - £250k limit
- £100k to £200k - £500k limit
- £200k or more - £1m limit
Run off cover just be in place for six years
Must of be on an “each & every” claim basis
Cover all past & present employees, directors and partners
What actions would call for disciplinary procedures?
- Complaint
- Misconduct
- Professional Incompetence
- Bye- law breaches
- Criminal Convictions
Structure of RICS
Pricy Council
Governing Council
Standards and Regs Board
&
RICS Board
What is the Levitt Report? And it’s recommendations?
Report commissioned in 2018 due to the RICS having to extend its overdraft by £3n due to inaccurate cash flow forecasting
It concluded there was an internal power struggle due to the two board structure, however no evidence of improper or illegal conduct
Example behaviours of rule 1?
- I declined a gift at Christmas
- Identified conflicts of interest on Oswestry
Example behaviours of rule 2?
- I supervise any employees undertaking work on behalf of myself, ensuring all work is completed to a competent standard
Example behaviours of rule 3?
- When receiving a CE from a client, I ensure requirements, along with timescales are clear prior to proceeding with any work
Example behaviours of rule 4?
- Assistant is Muslim, during Ramadan I was flexible with working hours and breaks, to ensure they were comfortable
Example behaviours of Rule 5?
- I often question practices & decisions that aren’t correct, one example was the FTC increased significantly on Flying Start one month, and the WLPM questions whether it would be better to split the increase over two months to the Client. I advised this was incorrect and we should be honest
How to keep up to date on “hot topics”?
- Regularly review RICS website
- Register with key CPD providers
- Construction industry news
RICS international headquarters?
Parliament Square, London
RICS motto?
‘Est modus in rebus’
There is measure in all things
Why must you only act within your professional capabilities?
To ensure I do not mislead or offer incorrect advise to my clients which could impact them or myself
Tools produced to help with Ethical Decisions?
RICS Ethics Decision Tree
What is a locum?
Another professional who ‘stands in’ for the surveyor if they are unable to works.
Will be another chartered surveyor or trustworthy professional
What does CPD stand for?
Difference between formal and informal?
Continued Professional Development
Formal - Structured learning with clear objectives/outcomes
Informal - Self-managed learning
How do you select CPD subjects?
Weak / limited areas of knowledge
Industry hot topics
Upcoming / future projects
New definitions for professional guidance, and their purpose
- Professional Standard - Set’s requirements that members MUST follow
- Practice Information - Guidance to support RICS members
What is the black book?
Collection of technical documents which cover all processes throughout the construction life cycle:
- Commercial management of construction
- Subcontracting
- Cost reporting
- Tendering strategies
Why do RICS publish guidance notes and must they be followed?
If a RICS member faces a disciplinary hearing, they will need to evidence they acted with competence, which can be achieved by complying with RICS guidance
RICS guidance on social media?
Guidance note from RICS - Use of Social Media: Guidance for Members
Came into affect from 30th June 2021
Main takeaway - Standards do not change because they are communicating through social media
Role of Standards & Regulations Board?
Responsible for RICS regulatory functions:
- Strategy
- Governance
- Structure
- Policy
What is modern slavery? Examples?
Illegal exploitation of people, which can include:
- Forced labour
- Debt bondage labour
- Human trafficking
- Child Slavery
- Forced Marriage
What measures do I take to avoid PI claims?
- Follow RICS Rules of Conduct
- Follow RICS Guidance notes / professional Standards
- Keep detailed records of meetings
- Use proper letters and contract documents
How would you protect your client’s interests if you decided to give up practice?
- Inform clients of closure
- Deal with client money outstanding in your client account.
- Notify professional indemnity insurers and arrange run off cover.
- Make arrangements in respect of files and digital records you are holding to keep them safe and confidential for as long as required.
- Notify former clients for whom you are holding leases or other original documents.
- Confidentially destroy any documents you do not need to keep
- Inform RICS & deregister the firm
- When you have ceased to practise, ensure that anyone trying to contact you will be notified that you have closed.
With regards to client’s money, how should you name the bank account you are required to set up for this purpose?
The account title includes the word ‘client’
Why do we ring-fence Clients’ Money placed in our trust?
- Reducing the risk of misuse or incorrect spend
- Market Volatility
- Taxation
- Bankruptcy
What would be your approach of the client wished to pay you in advance for your services?
- Understand clients reasoning
- Be clear and agree service to be provided, with agreed time periods
- Ensure funds are segregated in a separate bank account
- Ensure every correspondence/transaction is documented
- Have an agree re-fund policy
What would happen if your employer’s rules conflicted with the RICS rules? Which takes precedence?
In cases of conflict, I’d comply with the RICS Rules, as it is my obligation as a chartered surveyor to adhere to the Ethical and Professional Standards set by the RICS
If a conflict did rise, I would explain the conflict to my employer and ensure HR/Legal are aware
When does a firm have to register with the RICS?
- When offering surveying services to third parties
- And where 50% or more of the principals are RICS members
What Laws and regulations govern the formation and workings of RICS?
Royal Charter: The Royal Charter is a legal document and provides the framework for RICS’ establishment and operation.
Bylaws and Regulations: RICS has its own set of bylaws and regulations that govern its internal operations, membership requirements, disciplinary procedures, and other matters.
Statutory Regulations: RICS’ activities may be subject to various statutory regulations and laws, depending on the jurisdiction in which it operates.
Professional Standards and Guidance: RICS publishes professional standards, guidance notes, and best practice documents to provide guidance to its members on various aspects of surveying practice.
Brexit’s effect on RICS?
RICS position is unequivocal: independently-led regulation and are unaffected by the terms of the UK’s exit from the EU.
How does ethics and conduct affect the environment we live and work in?
The Rules of Conduct support positive change in the built and natural environments
Encourages trust, inclusion and diversity
Positive organisational culture
Maximum level of uninsured excess?
Upto £500k indemnity = greater of 2.5% insured sum or £10k
Over £500k = 2.5% of the insured Sum
Examples of RICS Help Sheets?
CHP
Ethics Decision Tree
CPD
What information do registered firms have to send to the RICS annualy?
Annual return, which includes:
- Type of business
- Client money information
- Training Provisions
- Complaints Handling Procedure
- PI Insurance Details
Appendix A of Rule of Conduct?
Professional obligations for members and firms
How do you ensure you operate inline with RICS guidance on use of social media?
I always use social media in a responsible and professional manner
Communicate via social media the same way I would through face to face or written communication
When would the RICS investigate a social media post?
If it was:
- Dishonest
- Discriminatory
- Abusive
RICS Black Book Document Updates?
RICS is planning a major update to its Black Books which is expected to be published in 2025
MERRIT VS BABB Case Law?
Highlights importance of having run-off cover:
- Surveyor was sued for negligence by a former client
- Surveying firm was no longer in existence and there was no run off cover in place
- The individual surveyor was pursued for damages successfully
Aims of RICS Business Plan 2024?
Incorporating the Levitt Report Recommendations
Maintain and increase demand for RICS qualifications
Reduce RICS’ need to access external financial support
What were the recommended implementations of the Levitt Report?
18 recommendations made.
Aimed at improving RICS transparency, whistleblowing procedures and overall RICS culture.
