Ethics, Rules of Conduct and Professionalism Flashcards
Why do you want to become a member of RICS?
Level 1
Gold standard of excellence
- Status - Your professional credentials provide unrivalled client and market confidence
- Recognition - Promotion of your professional excellence to governments and markets
- Market advantage - RICS status and standards give you a competitive advantage
- Knowledge - International practice standards, professional guidance, CPD and knowledge sharing
- Network - Access to 134,000 RICS professionals worldwide
What is the role of RICS?
Level 1
The 3 main roles are:
1) To maintain the highest standards of education and training.
2) To be leading source of information and independent advice on land, proeprty, construction and environmental issues.
3) To protect consumers through strict regulations and professional standards, and
What is a Royal Charter?
Level 1
Royal Charters are granted by The Sovereign on the advice of the Privy Council and means they have a seat to advise the Crown. It requires members to promote the profession for public benefit.
RICS was created in 1868 and received royal charter in 1881.
Who is the current RICS president?
Level 1
Ann Gray FRICS
What do you understand by the term self-regulation?
Level 1
RICS self-regulates, meaning that it operates within it’s own published regulatory framework, rather than being legislated by Government.
What is a Bye-Law?
Level 1
A rule made by RICS to control the actions of its members, underpinning the Rules and Regulations set out by the RICS (10 bye-laws)
Give an example of one of the RICS Bye-Laws.
Level 1
BYE-LAW 5: CONDUCT - e.g. Every Member shall:
(a) conduct himself in a manner befitting membership of RICS
Explain to me the new RICS Rules of Conduct - what do they replace? When do they take effect? Who do they relate to?
Level 1
The new Rules replace the previous version which had been in place for members and firms since 2007. Take effect 02 February 2022. They apply to RICS members and firms.
What are the 6 ethical principles that the Rules of Conduct are based on?
Level 1
- Honesty
- Integrity
- Competence
- Service
- Respect
- Responsibility
What are the 5 Rules? Give an example behaviour for each.
Level 1
- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS - Members and firms are open and transparent with clients about their fees and services.
- 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 only undertake work that they have the knowledge, skills and resources to carry out competently.
- Members and firms must provide good-quality and diligent service - Members and firms agree with clients the scope of the service to be provided and its limitations, and timescales for the work.
- Members and firms must treat others with respect and encourage diversity and inclusion - Members and firms do not bully, victimise or harass anyone.
- 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 - Members and firms respond to complaints made against them promptly, openly and professionally.
What are the core professional obligations of firms and members to RICS?
Level 1
Members
1. Members must comply with the CPD requirements set by RICS.
2. Members must cooperate with RICS.
3. Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
Firms
1. Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log.
2. Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS.
3. Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work.
4. Firms must cooperate with RICS.
5. Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
6. To display on business literature that they are regulated by RICS.
7. Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.
What disciplinary procedures can the RICS impose? In what circumstances can these be imposed?
Level 1
Head of Regulation can initiate one of the FOUR if required:
1) Serve a Fixed Penalty Notice
2) Make a Regulatory Compliance Order
3) CPD Sanctions
4) Refer to Disciplinary Panel for consideration
Not every shortcoming will necessarily give rise to a disciplinary – A member may need to justify the steps taken
A disciplinary can be triggered by someone complaining to the RICS – Can be Client or 3rd Party
When did RICS last update their disciplinary panel rules? What are the different levels of action within these procedures?
Level 1
2019 October
The THREE levels of disciplinary are:
1) Action by Head of Regulation
2) Regulatory Tribunal
3) Appeal Panel
What money laundering regulations or legislation are you aware of?
Level 1
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, as amended.
What is a red flag of money laundering?
Level 1
1) Secrative about source of funds, identity and reason for transaction
2) PEP
3) Has criminal associations
4) Avoids contact for no good reason
5) Large cash payments
6) Willing to pay high fees
What bribery legislation are you aware of?
Level 1
Bribery Act 2010
What is a bribe?
Level 1
An inducement or reward offered, promised, or provided to gain commercial, contractual or personal advantage
What are the penalties for accepting a bribe?
Level 1
Unlimited fines, and individuals can receive a jail sentence of up to 10 years.
What are the penalties for being involved in money laundering?
Level 1
Money laundering under the Proceeds of Crime Act 2002 carries a jail sentence of up to 14 years or a large fine.
What constitutes an offence under the Bribery Act 2010?
Level 1
- Bribing another person
- Being Bribed
- Bribing a public foreign official
- Failure by a commercial organisation to prevent bribery
What constitutes an offence under the current money laundering
regulations?
Level 1
1) Tipping off someone who is under suspicion
2) Assisting a criminal to obtain, hide or invest funds
3) Failing to report knowledge or suspicion
How long should you keep anti money laundering records for?
Level 1
You must keep your records for five years beginning from: the date a business relationship ends. the date a transaction is completed.
What is Professional Indemnity Insurance (PII)?
Level 1
Protects you against claims for loss or damage made by clients or third parties as a result of the impact of negligent services you provided or negligent advice you offered
Can you tell me about the RICS requirements in relation to PII?
Level 1
UK Professional Indemnity Insurance requirements - Version 9 (effect 1st April 2022)
- Firms must have adequate and appropriate PII insurance in place.
- This can be on an ‘each and every claim’ or ‘aggregate basis’
Minimum Cover required based on turnover:
- £100k or less = £250,000
- £100,001 - £200,000 = £500k
- £200,001< = £1,000,000
Maximum Level of Uninsured excess based on turnover for previous year:
- £10,000,000 or less = The greater of 2.5% of the sum insured, or £10,000
- £10,000,000 or more = No limit set
What is a PII aggregation clause?
Level 1
A clause which governs what happens if there is more than one claim in the same year.
What does ‘claims made’ mean in terms of PII?
Level 1
Claims Made is a term used to describe an insurance policy which only provides cover for claims which are notified during the term of the policy. This is not necessarily the same time period when the actual incident or error causing the claim occurred.
In a negligence claim, what would help to show that you acted with
consideration and due process?
Level 1
- Provide full details and records of meetings and conversations
- Show evidence of advice and recommendations
Can good record keeping help to provide a defence in a PII claim?
Level 1
Yes good record keeping can assist in the defence of negligence.
If you were providing services outside of your usual scope to a client,
what might you need to do in relation to your PII cover?
Level 1
- Inform your PII insurer to update your additional liability
- You cant carry out work that isn’t covered under PII cover
What is run off cover?
Level 1
Run off cover is insurance which covers historical liabilities after it ceases to trade (minimum of 6 years)
What RICS requirements are there relating to run off cover?
Level 1
RICS expect run off cover for minimum of 6 years
What changes did RICS recently make to the Minimum Approved PII Wording?
Level 1
Following consultation, the excess requirements for larger firms have been removed, whilst the 2.5% maximum excess requirements for smaller firms remains
What precedent has caselaw set in terms of keeping adequate site notes
(and therefore providing a defence in a PII claim)?
Level 1
A surveyor should make notes on site and subsequently give these further reflective consideration when using them as the basis of his actual report. This is instead of dictating the report during an inspection because it is contrary to the relevant RICS guidance.
Would a dictated report avoid the need to have any written site notes?
Level 1
No, as found in the case of Watts v Morrow.
How long can a PII claim arise after the work is undertaken?
Level 1
A claim can be brought up to six years after the work was completed or three years after the client could reasonably be expected to know they had a claim.
What is the Assigned Risks Pool (ARP)?
Level 1
The ARP is open to all UK RICS regulated firms that are unable to obtain PII, which meets the minimum requirements of the RICS, in the insurance market
Who might need to access the ARP?
Level 1
firms that are unable to obtain PII
Explain your understanding of the RICS Guidance Note Risk, Liability and
Insurance (1st Edition).
Level 1
It is s intended to assist both RICS-regulated firms and their clients to understand the main risks and liabilities associated with professional services provided by RICS members. It guides firms in the negotiation of equitable contracts with clients and the avoidance of major risks and pitfalls.
Explain when you might agree a liability cap.
Level 1
RICS-regulated firms who are no longer able to obtain insurance for risks
relating to fire or where they are providing a valuation in reliance on an EWS1 form may also seek to exclude liability for any claims that would be caught by such exclusions.
How would set out third party reliance in Terms of Engagement?
Level 1
State that the advice may only be relied upon by the named client
What are the three key terms that should be considered from a risk
perspective in the context of every instruction you undertake?
Level 1
- The scope of the work.
2.The basis on which the fee will be calculated.
3.The liability cap.
Tell me about your companies CHP.
Level 1
My companies complaint handling procedure is in line with RICS Guidance:
- I would notify my Complaints Handling Officer who would request details of complaint in writing.
- They would then acknowledge the complaint within 7 days.
- Within 28 days inform the complainant of the outcome
- If dissatisfied a secondary partner will conduct a review and respond within 15 days
- If still dissatisfied then independent RICS redress mechanism is DRS (Mediation)
- If still dissatisfied then Surveyors Arbitration scheme