Ethics, rules of conduct and professionalism Flashcards
When was the RICS founded?
1868
When did the RICS receive Royal Charter?
1881
How many members are there?
over 134,000 qualified members
What is Royal Charter?
Method of incorporation granted by the Queen.
RICS Motto?
There is measure in all things
What are the 4 levels of membership?
- MRICS
- FRICS
- AssocRICS
- Trainee
How do you become a fellow?
- 5+ years as MRICS
- Leadership role
- Professional/technical achievement
- Raised the profile of the RICS
How is the RICS Governance Structure shaped?
Royal Charter
Bye Laws
Regulation
What is the Governance Structure of the RICS?
- Privy Council
- Governing Council
- Standards & Regulatory Board / Management Board / Audit Committee
- Management Board comprises 17 professional groups.
What is the role of the Privy Council?
Grants awards and Royal Charter
What is the role of the Governing Council?
Governing Council is the highest governing body, setting global strategy and ensuring RICS fulfils its Royal Charter obligations.
Following the Bichard RICS Review, Governing Council has agreed a series of measures to create a clear and accountable governance structure.
Governing Council has confirmed that the RICS President will also chair Governing Council for the duration of their one-year presidential term, in line with Lord Bichard’s recommendation.
What is the role of the Standards and Regulatory Board?
They are responsible for exercising the standards and regulatory functions of the RICS.
What is the role of the Management Board?
To direct RICS affairs under delegated authority from Governing Council.
Comprised of non-members (independent), members of RICS, and RICS Executives
What is the role of the Audit Committee?
The Audit Committee operates independently of Governing Council, the Management Board and the Standards and Regulation Board.
Each year it reports to Governing Council on how it has discharged its duties.
Comprises member and non-members.
What is the role of the Regulatory Tribunal?
- regulates the RICS
- fair and independent judicial body
- consists of lay members and RICS members
Who is currently in RICS governing positions?
Chair of Governing Council - Nick Maclean FRICS (interim)
CEO = Richard Collins (interim)
President = Clement Lau FRICS
President Elect = Ann Gray FRICS
What are the 3 role of the RICS?
3 main roles:
- Maintain high education and training standards
- Protect consumers through regulations and standards.
- Leading source of information and advice for the sector.
Why do you want to become a member?
I want to be part of a prestigious organisation which allows me to progress in a career I am passionate about.
It will give me status and recognition, enhancing my work with clients by promoting trust in my career.
It will also provide me with professional guidance to develop my knowledge and network.
What are the principles of regulation?
They provide a framework within which members and firms can decide how to best meet the rules of conduct requirements.
What are the 5 principles of regulation?
PACTT
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
What ethical principles are the RICS Rules of Conduct based upon?
HONESTY, INTEGRITY, COMPETENCE, SERVICE, RESPECT and RESPONSIBILITY.
Example of when you have acted with integrity?
I was honest and upfront to the client about not being able to meet the deadline on time due to multiple employees of the property having COVID-19.
I expressed my morals of wanting to adhere to goverment guidance and not be in contact with anyone who had COVID, for the sake of my own, my colleagues and the workers’ safety.
Example of when you have promoted trust in the profession?
A potential client approached me about undertaking a valuation in Nottingham.
I inform them that that was not my area of expertise and I do not work in that market. But that instead I could put them in contact with someone within our Nottingham team who could help.
I took their details and said I would pass them on.
I fulfilled my obligations and contacted the Nottingham team who subsequently provided the fee quote.
The client thanked me for my honesty and my help in following through.
How do you promote trust in the profession in your private life?
I hold and conduct myself in a way which does not bring embarrassment to the RICS.
I ensure, for example on my public social media profiles, that nothing is on there which could in any way show the profession or the RICS in a bad light.
Example of when you have treated others with respect?
I’ve had an instance where a local agent I contacted was not very friendly and was stand-offish about me seeking local expertise.
Regardless of what he said to me, I remained calm and polite and treated him with respect, thanking him for his time.
Example of when you have provided a high level of service?
Example of when you have taken responsibility?
I always take responsibility for conducting conflict of interest checks on any work that I undertake, so I can be fully satisfied that I can conduct the work objectively.
Can you tell me about the revision to the RICS Rules of Conduct?
Effective from 2nd February 2022 on a global basis.
STREAMLINED DOCUMENT. Replaced the previous Rules of Conduct for Members and Firms and the 5 Global Professional and Ethical Standards.
Updated to address challenges relating to sustainability, the use of data (understanding technological advances), and diversity and inclusion.
To respond to new risks and opportunities.
What are Savills values?
- To act with integrity
- To take an entrepreneurial approach to business
- Take pride in everything we do
- Help our people fulfil their potential
The Levitt Review (2021) - what is it?
RICS’ current governance arrangements are under review following The Levitt Review’s very public exposure of the lack of clarity, structure and purpose of RICS governance arrangements.
Levitt called for a full independent review of the “purpose, governance and strategy” of RICS = Lord Michael Buchard review as been completed.
What is the point of the RICS Rules of Conduct for Members?
It sets out the standards of professional conduct and practice expected of members.
What are the RICS new Rules of Conduct 2021, name two?
- Members and firms must be HONEST, act with INTEGRITY and comply with their professional obligations, including obligations to RICS.
- Members and firms must maintain their professional COMPETENCE and ensure that services are provided by competent individuals who have the necessary expertise.
- 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, take RESPONSIBILITY for their actions and act to prevent harm and maintain public confidence in the profession.
What are the benefits of a firm being registered?
- Confidence - for clients as regulated firms are monitored by RICS.
- Professionalism - firms must provide clear, impartial, expert advice.
- Security - firms must have a recognised CHP and PII cover.
RICS Rules for Regulation of Firms (2019) - Requirement for registration?
Registering for regulation is to ensure a quality benchmark for all firms.
- if no RICS members = cannot register.
- 25% of principles are RICS members = it can apply to be regulated.
- 50% of principles are RICS members = has to be regulated.
Who are principles?
Sole practitioners
Directors
Partners
Board members
What is a Responsible Principle?
Each firm must nominate a responsible principle who makes sure the firm adheres to the RICS requirements.
Who can use the RICS logo?
RICS members and registered firms
Who controls disputes about becoming a registered firm?
Standards and Regulation Board
What information is required by the RICS for registration?
Need to include the following in an annual return:
- Type of business and staffing details
- Statutory regulated services
- Nature of clients
- CHP details and records
- PII details
- Whether the firm handle’s client’s money
How does your firm demonstrate implementation of the Rules of Conduct?
My firm has a CHP
My Firm holds PII over the minimum requirements.
Endeavours to provide a high standard of service.
How do you demonstrate implementation of the Rules of Conduct?
I always assess my competence prior to undertaking instructions.
I comply with the CPD requirements.
I provide a high level of service.
What is the RICS Ethical Decision Tree and list three things?
The decision tree provides a framework of questions that members should ask themselves when facing a situation in which they are asked to act in a potentially unethical manner.
- Is it legal?
- Is it in line with the RICS ethical standards?
- Happy for it to be made public?
How does the RICS regulate itself?
Self-regulation
Disciplinary procedures and how can they be triggered for not following the Rules of Conduct?
Not every shortcoming will give rise to disciplinary proceedings.
However, failure to comply with RICS guidance will be considered when examining a firm or member.
- Complaint to RICS
- Allegation by 3rd party
- Information established by RICS
What are the three levels of disciplinary action?
- Action by Head of Regulation
- Regulatory Tribunal
- Appeal Panel
What are the most common breaches?
Professional behaviour, CPD and Protecting Clients Money.
What can the Head of Regulation initiate following their investigations?
- Fixed penalty notice
- Regulatory Compliance Order
- CPD Sanctions
- Refer to Disciplinary Panel
What are fixed penalties (1)?
Used for breaches of the Rules relating to the supply of information to the RICS by firms and members.
What are Regulatory Compliance Orders (2)?
Used for low-level breaches of the Rules.
A compliance Order is a written document that states what a member or firm must stop doing.
What are CPD sanctions?
They place an obligation on a member to follow the CPD requirement.
When is action by the Regulatory Tribunal taken?
On more serious breaches of conduct.
Who comprises the Regulatory Tribunal?
Lay people (not RICS members)
What penalties are available to the Regulatory Tribunal?
- Compliance Order
- Unlimited fine per breach
- Conditions on future RICS registration
- Expulsion
- Publication of results in Modus/website/newspaper
What does the appeal panel do?
Will hear a firm or member’s appeal.
Review the decision.
Can allow the appeal or vary the penalty imposed.
Who does the appeal panel comprise?
Lay members
What are the different advice levels of RICS documents?
- International Standards (Mandatory)
- Professional Statements (Mandatory)
- Practice Statements (Mandatory)
- Guidance Notes (voluntary)
- Codes of Practice (mandatory or recommended)