Ethics, Rules of Conduct and Professional Flashcards
What are the 5 Global professional and Ethical standards?
- (S) Always provide a high standard of service- Act within your scope of competence, be transparent about fees, communicate in way that allows your client to make an informed decision.
- (T) Act in a way that promotes trust in the profession- Understanding how your actions affects others and the profession, doing what you say
- (I) Act with integrity- being straightforward/ trustworthy and acting in the public’s interest
- (R) Treat others with respect- Treating people fairly, being considerate and never discriminate
- (R) Always provide a high standard of service- Act within your scope of competence, be transparent about fees, communicate in way that allows your client to make an informed decision.
What are the rules of conduct for members?
There are 9 rules: (ICE CSCS IC)
- Interpretation
- Commutation
- Ethical Behaviour
- Competence
- Service
- CPD
- Solvency
- Information to RICS
- Co-operation
Rules of Conduct for firms
There are 15 rules (ICE CSCS IC AUA CCI)
- Interpretation
- Commutation
- Ethical Behaviour
- Competence
- Service
- CPD
- Solvency
- Information to RICS
- Co-operation
- Advertising
- Use of designations
- Arrangements to cover incapacity or death
- Complaints Handling Procedure
- Client’s Money
- Indemnity
What are the Principles of Better Regulation? (PACTT)
- Proportionality
- Accountability
- Consistency
- Transparency
- Targeting
What is a bribe?
An inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
What is the Bribery Act and when was it founded?
- The Bribery Act 2010 is an Act of the parliament of the UK that covers the criminal law relating to bribery.
- It is illegal to give or receive bribes and makes it criminal law
Tell me something you’ve learnt about Anti-bribery corruption and anti-money laundering?
- I learnt not to accept bribes
- Aware of my company’s stance on corruption and anti-money laundering.
Can you accept a gift from a Client or contractor?
Gifts can be accepted unless an assessment on the timing and proportionality of the gift.
- Be open and transparent (inform my line manager)
- Keep a record or put it in my company’s gift register (if the value exceeds £50)
- Consideration (Value, timing, proportionate, giver and receiver)
What is GDPR?
GDPR is a regulation that requires businesses to protect the personal data and privacy of EU citizens.
What are the 7 principles of GDPR? (LPD ASIA)
- Lawfulness, fairness and transparency.
- Purpose limitation.
- Data minimisation.
- Accuracy.
- Storage limitations.
- Integrity and confidentiality (Security)
- Accountability.
Can you explain what a conflict of interest is?
A conflict of interest is anything that impedes an individuals or firms judgement or ability to act impartial and in the best interest of a Client.
What is the risk of using only one party wall surveyor compared to using one? (Level 3)
If there is a dispute, you will need to appoint another party wall surveyor to mediate and resolve the dispute.
When was the RICS Founded?
15th of June 1868
Give your opinion on why the RICS have rules and codes of conduct?
o standardisation & consistency of service & approach
o maintaining professional standards
o governance and regulation.
If a client was prepared to pay you in advance for services you or your company was providing, how would you ensure that this was dealt with? (Level 2)
o Setting up a separate client account
o Providing the client with a statement.
o Informing and agreeing with the client on how and when monies will be drawn.
o Once the services are complete providing the client with a complete reconciliation of the account and all drawdowns.
o Ensuring that everything is auditable and completely transparent.
If a client was prepared to pay you in advance for the services you or your company was providing, how would you ensure that this was dealt with? (Level 2)
- Set up a separate client account that is properly named and clearly identifiable.
- Provide the client with a statement of the account once it has been set up.
- Informing and agreeing with the client on how and when monies will be drawn from the account.
- Prior to drawing monies sending the client a statement of how much will be drawn clearly identifying the services undertaken and fees to be drawn.
- Once the draw has been made, send the client a revised statement of account.
- Once the services are complete, provide the client with a complete reconciliation of the account and all drawdowns.
- Ensuring that everything is auditable and completely transparent.
If you were going to set up your own business and operate as a chartered surveyor, what insurances would you need to put in place? (Level 2)
- Professional Indemnity Insurance
- If I have my own office premises than I need building insurance,
- Public liability insurance, employers liability insurance and third party liability insurances
- Run off insurance
Can you advise on what a conflict of interest is and how you would deal with it (APC Trainer – Level 3)?
A conflict of interest is anything that impedes an individual or firm’s ability to act impartially and in the best interest of a Client
I would ask myself the question ‘could I work on the project without bias?’
Notify the client of a potential conflict of interest
Or respectfully decline the commission and offer up somebody else in my business who could work on the commission without bias or conflict of interest
What is a complaint?
Any expression of dissatisfaction.
How quickly should a complaint be answered?
We advise firms to acknowledge a complaint in a timely manner and recommend that a full response, or if this is not possible, an update, is given within 28 days. Not answering correspondence and not keeping the client informed can often exacerbate a complaint.
Can I review a complaint about myself?
Complaints are reviewed by a senior member of a firm or the firm’s designated complaints handler. If you are a sole practitioner, you may have to review the complaint yourself, in the knowledge that, if it cannot be resolved, it must be referred to an independent redress scheme.
What happens if the complainant isn’t happy with the review?
If the complainant isn’t happy with the review, move onto the second stage of the CHP and involve the redress scheme my firm has chosen to use.
What and when should I tell my insurers?
should inform its insurers as soon as possible to ensure compliance with the terms of your PII policy.
Tell me how you have demonstrated two of the 5 Global Professional & ethical standards on your case study project? (Level 2)
- In my project, I aimed to exceed the client’s expectations by ensuring I interrogated the contractor’s EoT claims that this offered a high standard of Service to my Client.
- As the issue of fire safety presented itself, I approached the Client’s Monitoring Architect to see if there were alternate products with limited combustibility - Taking responsibility
I treated the stakeholder with respect and acted with integrity when the issue arose.
Can you tell me which two of the five Global Professional & Ethical standards resonate with you the most? (Level 2)
I would say Act with integrity, always make sure you uphold the highest ethical standards and that you are honest with your dealings and always provide a high standard of service to my Client.
Why are the Rules of Conduct required?
- Confidence for clients knowing firms are regulated
- To ensure professionalism, clear and impartial advice is given
- To ensure firms have a recognised CHP
What is the Royal Charter
Awarded in 1881 by Queen Victoria “maintain and promote usefulness of the profession for public advantage”
Who is the current President of RICS?
Clement Lau FRICS
What is the RICS Motto?
S modus on rebus (Latin phrase) translates into:
“There is measure in all things”
Why do you want to become Chartered?
- See being a member of the RICS as being the gold standard of my profession.
- The level of guidance notes and support they offer their members will allow me to better serve clients.
- I know the RICS designation is highly valued by clients and will further my career development and opportunities.
- I am committed to lifelong learning, professional and personal improvement and believe the RICS will support me in achieving this.
What is the difference between ethics and integrity?
Ethics are a set of standardised rules for conducting yourself morally
Integrity is more of a personal code of conduct (doing the right thing)
What are the CPD requirements?
All Members must undertake a min of 20 hours CPD each calendar year.
Members must maintain a relevant and current understanding of RICS professional and ethical standards during a rolling 3 year period.
What is a locum?
A service that is provided on behalf of a sole practitioner in the event of incapacity. (Death)
What is required by the RICS in order to set up your own practice?
- I would inform the RICS and fill out a firm’s detail form.
- I would appoint a contact officer
- register with RICS a regulation
- I would arrange professional indemnity insurance and building insurance if I’ve an office and employer & public liability insurance
- I would set up a complaint handling procedure
- I would set up staff training sessions such as CPD sessions (10 informal / 10 formal)
- I would open a Clients account
Make arrangements in case of death (Locum) - Carry out ethical test every 3 years
Pay your member fees
What benefits does PII provide for the professional?
The professional is protected from financial loss
Do not meet the claim from their own assets and resources - Allowing continuity of business
What are the min levels of indemnity? / How do you determine the level of PI covers?
This depends on the firm’s turnover
if turnover is £100k or less it is £250k
If turnover is £100 - £200k it is £500k
if turnover is above £200k it is £1m
What is the purpose of PII?
To provide financial cover in the event a client suffers financial loss as a result of a breach of professional duty e.g. neglect, error or omission (PII will cover you for any loss
Tell me about Merret V Babb? (RUN OFF cover in place)
- A court case in 2001
- Babb did a valuation as an employee of a company for a house purchased by Merret
- Valuation later found to be negligent
- The original company no longer existed
- The court ruled Merret could pursue the individual - Babb - for the losses
- Big shock to the industry
How long should the run off cover be in place?
Depending on the type of contact the professional has been involved with
usually, 6 years if contract executed underhand
12 years if the contract is a deed
Bidding for a project and the client advises you to reduce your fee down to win the tender what would you do? (Level 3)
I would advise my client this is unfair competion
not treating other with respect
Not acting with integrity
unsustainable to undertake business in this manner
When are the new rules of conduct changing?
2nd of February 2022
Why are the rules of conduct changing?
A simpler structure
Clear examples
Focusing on respect, diversity and inclusion.
And Sustainability
Name 3 types of conflicts that are outlined in the 2017 conflict avoidance practice note?
Party Conflict:
Where memebers interests conflixt with a client or where two or more clients interests conflict. (acting as both a developer and contractor)
Own interest conflict:
Acting in the interest of a client in a professional assignment conflict with the interest of that same member or firm
Confidential Information Conflict:
A conflict between the duty of an RICS to provide material information to one Client, and the duty of the RICS member to another client to keep the same inforamtion confidentail