Ethics, Rules and Professional Conduct Flashcards
Why do you want to become a Chartered Surveyor?
I would like to become a member of the Royal Institute of Chartered Surveyors because it would provide me with increased credibility in the eyes of my clients, help me maintain and further my professional competency, and provide me with access to a network of 130,000 property professionals worldwide
Who is the Current President of the RICS? And when was she in power from?
Clement Lau, from September 2021.
Ann Gray is President-Elect.
Who is the Current Chief Executive Officer of the RICS in the UK
Richard Collins
Who enforces the bribery charges?
Serious Fraud Office
Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?
In the terms of business, that are to be agreed before the instruction is undertaken.
Mentioned in submission
What are the 5 RICS Global Professional and Ethical Standards (2022)?
- Members and firms must be honest, act with integrity and comply with their professional obligations
- Members and firms must maintain their professional competence
- 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
What are the four membership levels (starting with the most junior)?
- Trainee Member
- AssocRICS
- MRICS
- FRICS
What’s the Role of the RICS, according to the RICS Global and Professional Ethical Standards (2022)?
Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage, and the practice of surveying is defined as including ‘securing the optimal use of land and its associated resources to meet social and economic needs’.
What are the Recent Changes to the RICS bye-laws?
Voted for in March 2019, they then had to be approved by Privy Council
Governing Council will go from 50 seats to 25 seats, with:
- 15 geographical seats (6 from the UK and EMEA, the remainder from the Rest of the World).
- 6 elected strategy members
- 4 officer members (presidential team)
A new Chair of the Governing Council (will be elected for 6 years).
The President of the RICS will take on more of an ambassadorial role.
A new standards and regulations board
The current Conduct and Appeal Committee will be renamed the RICS Regulatory Tribunal.
In what year did the RICS receive its Royal Charter?
They received their royal charter in 1881
What is the Governing Structure of the RICS?
Currently, the Governing Council is in charge of the management of the RICS.
This has four boards that report to it:
(1) The Regulatory Board
(2) The Audit Committee – Mike Driver
(3) The Management Board
(4) The Nominations and Remunerations Committee
How do you become a Fellow of the RICS?
You must submit evidence of achievement of four fellowship characteristics, which are:
- 5 years or more as an MRICS
- A leadership role in the industry
- Professional Technical Achievement
- Academic Achievement
- Raising the profile of the RICS
When was the RICS Founded?
The Royal Institute of Chartered Surveyors was founded in 1868
What are the 5 Principles of the RICS Regulation for Members and Firms (2007)
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
P-A-C-T-T
What other Ethical Standards Does the RICS Promote?
The RICS promotes the International Ethics Standards (2021), that are published by the International Ethics Standards Coalition and provide an ethical framework for the global property market.
What are the RICS Rules of Conduct for Members 2020?
The RICS Rules of Conduct for Members 2021, set out the standards for professional conduct that the RICS expects from its members, they include standards on:
- Ethics
- Competency
- Service
- CPD
- Solvency
- Information to the RICS
- Co-Operation with the RICS
“ECS, CPD, SIC”
What are the Benefits of Being an RICS Regulated Firm?
The RICS State three benefits of regulation for firms: “CPS”
- Confidence - for clients as regulated firms are controlled by RICS Regulation.
- Professionalism – firms will have to provide clear, impartial and expert advice.
- Security – firms have to have a recognised complaints handling procedure, access to free independent redress and PII cover.
“CPS”
What are the Requirements for Registration as an RICS Regulated Firm?
- After April 2020, the criteria require firms to have at least 25% of their principals as RICS qualified, and there is the requirement for a responsible principal to provide accountability and engagement with RICS standards and regulations.
- Firms can be corporations, limited liability partnerships or sole practitioner, partnerships.
- There are strict rules on the use of the RICS logo. Firms that are registered have to use the “Registered by RICS” designation.
- Firms that provide a surveying service to the public are required to register for regulation to ensure there is a benchmark of quality for all firms.
- Regulation provides a Gold Standard of quality for clients
What six pieces of information does the RICS require from a firm for registration?
The RICS requires the following details as an annual return:
- Type of Business and Staffing Details – Firm Detail Form
- Statutory Regulated Activities – Such as financial services.
- Nature of Clients
- Complaints Handling Procedure Details and records
- Professional Indemnity Insurance
- Clients’ Money
(TSNCPC)
What are the 7 rules that form Part II of the RICS rules of Conduct for Firms (2020)?
(1) Professional Behaviour
(2) Competence
(3) Service
(4) CPD
(5) Complaints Handling
(6) Client’s Money
(7) Indemnity Insurance
“PCS, CPD, CCI”
What are the 6 rules that form Part III of the RICS rules of Conduct for Firms (2020)?
(1) Advertising (A firm shall advertise honestly)
(2) Solvency
(3) Cover Death (If sole practitioner)
(4) Designations (Must use the logo on reporting)
(5) Information to the RICS (share with them)
(6) Co-operate with the RICS
Is your firm regulated by the RICS, and if so what level of PI insurance do you have?
No
If a breach of Conduct is Referred to the Disciplinary Hearing, what Penalties can be Imposed on the Breaching Party?
Referral to the Disciplinary panel is used for more serious breaches, the head of regulation can consider that a hearing is required under the discipline rules, 50% of this panel are lay members (i.e. not RICS). Penalties can be:
- Issue a consent order
- Impose an unlimited (but proportionate) fine for each breach.
- Conditions on Continued Membership of the RICS.
- Expulsion from Membership or Remove a firm.
- Require publication of the results of a hearing in Modus magazine, on the RICS website and in the local newspaper of the area where the offending firm is located.
Rank RICS Regulation, and state whether they are Mandatory or Voluntary (There are 5, from most important to least)
- International Standards (Mandatory) – E.G. IVS (2020) / IPMS (2018)
- Professional Statements (Mandatory) – E.G. Conflicts of Interest – UK Commercial Property Market Investment Agency, (2017)
- Practice Statements (Mandatory) – E.G. Very Few of these (Home Buyer Report (2016) for example)
- Guidance Notes (Voluntary) – Surveying Safely (2018)
- Codes of Practice (Mandatory or Recommended Practice)
What must you include in the Terms of Engagement prior to starting work on an instruction?
There must be a written agreement with the client on:
- The fee due
- How expenses are to be treated, including how they are to be calculated
- A copy of the firm’s complaint handling procedure will be available on request.
What 3 things should you do prior to undertaking an instruction?
You should check that there are no personal or professional conflicts of interest in accepting the instruction, ensure that you are professionally competent to complete the instruction, and confirm terms of engagement in writing prior to beginning work on the project.
What did the RICS publish on Conflicts of Interest?
The RICS published a global professional statement: “RICS Professional Statement on Conflicts of Interest (2017)”
Mentioned in submission
Where might a conflict of interest arise?
Examples of a conflict of interest may include, a financial interest, a personal interest, commercial relationships, or acting on both sides of a transaction.
In what circumstances might a conflict of interest not cause you to decline an instruction?
If you identify a conflict but believe that despite the conflict it is in the best interests of all those involved for you to proceed with the instruction and you have the informed consent of your client, then you may proceed despite the conflict
According to the RICS Global Professional Statement on Conflicts of Interest, 2017, what three types of conflict might arise?
- Party Conflict – work on same or related instruction between two parties
- Own Interest Conflict or Personal Conflict
- Confidential Information Conflict relating to work between two parties which is confidential
How might a conflict of interest be managed, should you receive written consent and proceed with an instruction?
If you receive written consent from all parties involved to proceed with the instruction despite the identified conflict, information barriers should be put in place, including keeping all related information securely, ensuring physical separation of the two professionals involved, and keeping an adequate audit trail of the acceptance of written consent.
What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017,” say about dual agency?
It should not happen under any circumstances for RICS members, as of the 1st January 2018.
What does “RICS Professional Statement Conflicts of Interest – UK Commercial Property Market Investment Agency, 2017” say about Multiple Introductions?
The statement says that this can happen and that in all circumstances the agency agreement (Terms of Engagement) must state whether the instruction is on an exclusive or non-exclusive basis.