Ethics, Professionalism and Rules of Conduct Flashcards

1
Q

What are the RICS’s Principles of better regulations

A

Proportionality
Accountability
Consistency
Targeting
Transparency

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2
Q

What is rule One

A

Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS

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3
Q

Members and firms must be h???, act with i??? and comply with their
professional obligations, including obligations to RICS

A

Members and firms must be honest, act with integrity and comply with their
professional obligations, including obligations to RICS

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4
Q

What is rule 2

A

Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

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5
Q

Members and firms must maintain their professional c….. and ensure
that services are provided by competent i……. who have the necessary
e………

A

Members and firms must maintain their professional competence and ensure
that services are provided by competent individuals who have the necessary
expertise.

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6
Q

What is rule 3

A

Members and firms must provide good-quality and diligent service.

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7
Q

Members and firms must provide g…….. and d……… service.

A

Members and firms must provide good-quality and diligent service.

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8
Q

What is rule 4

A

Members and firms must treat other with respect and encourage diversity and inclusion.

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9
Q

Members and firms must treat others with r……. and encourage d…….. and
i……..

A

Members and firms must treat others with respect and encourage diversity and
inclusion.

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10
Q

What is rule 5

A

Members and firms mist act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

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11
Q

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.

A

Members and firms must act in the p………… , take responsibility for their a……. and act to prevent h…… and maintain public c……… in the profession.

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12
Q

Why did the rules of conduct change?

A

Previous rules had been in place since 2007.

One single document to enable greater clarity

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13
Q

What should chartered members need to do on a annual basis

A

20 Hours CPD (10 of which are formal)

Members must cooperate with RICS

Must provide all information requested by the Standards and Regulation Board.

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14
Q

Why does the RICS have Rules of Conduct

A

To provide a framework

Important for the Institution and members.

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15
Q

Your brother in law is a chartered surveyor, you find out he is working outside of the rules of conduct. What do you do?

A

Verity the facts and remind him of his duties.

Inform the RICS specifying my relationship to the person and any corrective action my brother has put in place.

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16
Q

In the case of a breach of a rule of conduct, what is the procedure?

A

Not every shortcoming will rise to proceedings.

A formal investigation by the Head of Regulation of the RICS

RICS and request information or visit and inspect to investigate

Members must cooperate.

17
Q

How can disciplinary proceedings be triggered

A

Complaint to the RICS

An Allegation by a client or third Party

Information received or established by the RICS.

18
Q

What actions can be imposed after the end of the investigation stage

A

Fixed penalty

Consent order

Disciplinary panel.

19
Q

What are fixed penalties

A

A fine by the RICS

20
Q

What is a consent order

A

Written agreement by the RICS and a member or firm

Can require corrective actions or restrain them from taking certain actions for a period of time.

21
Q

When is a disciplinary panel applicable?

A

More serious breaches of conduct
panel will usually be held in public
Burden of proof is on the RICS
Balance of probabilities approach.

22
Q

What sort of breaches require a disciplinary panel?

A

Fraud, dishonesty, convection of a serious criminal offence, gross incompetence, misappropriation of a client money.

23
Q

What procedures must you follow when starting up a new practice?

A

Obtain RICS starter pack

Inform RICS

Appoint contact officer

Prepare a complaints handling procedure

Obtain PI cover

Set up specific bank account for clients money

Abide by the Rules of Conduct.

24
Q

What insurances would you need if you were starting up your own firm.

A

Professional Indemnity Insurance

Employers Liability

Public Liability

Buildings Insurance for an office or place of work.

25
Q

What do registered firms have to send to the RICS annually?

A

Perform an annual return.

It states: type of business, staffing, nature of clients, training provisions, complaints handling and records, PI insurance and whether the firm holds clients money.

26
Q

What processes do regulated firms need to put in place when handling clients money?

A

“Preserve the security of clients’ money which does not belong wholly to the company”

Set procedures must be in place to handle clients money.

27
Q

What are the different types of clients money accounts

A

General accounts hold money for more than one client

Discrete accounts reference a single named client.

28
Q

What is run off cover?

A

Insurance in place for when a surveyor or firm no longer exists.

No run off cover is a form of negligence.

29
Q

What limitation periods are associated with underhand and deed forms of contract.

A

Executed as underhand = 6 years

Executed as deed = 12 years

30
Q
A
31
Q

What was the complaint handling procedure include? 

A

Processes must include a readiness mechanism

It must be clear, transparent and impartial

A record must be taken at the point of complaint

A complaint must be investigated within 28 days

PI must be informed

Must be two stage 

32
Q

What do you do if you receive a letter of complaint? 

A

Except receipt of the letter and inform the complaint handling officer

Provide any additional information and ensure professional indemnity insurers is notified 

33
Q

What is the clients money protection scheme

A

Money protection scheme operated by the RICS

34
Q

What can I use to categories CPD

A

Use the RICS decision tree

35
Q

What is the purpose of professional indemnity insurance

A

Provides financial cover in the event of a breach in professional duty (neglect, error or omission)

36
Q

What benefit does it provide for professionals and clients

A

Professional is protected from financial loss

Client is able to recover financial loss

37
Q

What are the main elements of a fee proposals

A

Terms and conditions
Scope of services
Exclusions
Assumptions