Ethics, rules of conduct and professionalism Flashcards
Why do you want to become a member of RICS?
Professional recognition: Becoming a member of RICS demonstrates to clients, employers, and colleagues that I have achieved a high level of professionalism and expertise in your field.
Membership in RICS can provide access to a wide range of resources, networking opportunities, and professional development programs that can help advance my career and achieve goals. I can take advantage of RICS’ Continuing Professional Development (CPD) scheme, which provides ongoing learning opportunities and recognition for your achievements.
RICS members are bound by a strict code of ethics and professional standards, which emphasizes the importance of integrity, objectivity, and accountability in all aspects of your work. By becoming a member, I demonstrate my commitment to these values and willingness to uphold them throughout my career.
What are the key functions of RICS?
Setting and enforcing professional standards: RICS sets global standards for the property and construction industries, covering areas such as ethics, conduct, and competence. The organization also has a disciplinary process in place to investigate and take action against members who breach these standards.
Providing education and training;
Accrediting educational programs
Conducting research and publishing guidance
Promoting sustainability and social responsibility
What is the role of RICS?
RICS, or the Royal Institution of Chartered Surveyors, is a professional body that represents and regulates property professionals worldwide. The organization was founded in 1868 in London, UK, and it currently has over 134,000 members operating in more than 148 countries.
The main role of RICS is to promote and enforce the highest standards of professionalism, ethical behavior, and competence in the property and construction sectors. RICS sets and maintains standards for property professionals, provides training and education, and accredits courses and qualifications.
What is a Royal Charter?
In the UK, Royal Charters are granted by the monarch on the advice of the Privy Council, which is a body of advisors to the monarch. Royal Charters are typically granted to professional organizations, charities, and educational institutions that have a significant public or national role.
The granting of a Royal Charter is considered a mark of prestige and distinction, as it acknowledges the organization’s standing and contribution to society. Organizations that hold a Royal Charter are known as “chartered” organizations and are allowed to use the prefix “Royal” in their name.
Who is the current RICS president?
Ann Gray 2023
What do you understand by the term self-regulation?
Self-regulation is a process in which an industry or profession sets and enforces its own standards of conduct and practice, rather than relying on external regulators such as government agencies. Self-regulation typically involves the development and implementation of codes of conduct, standards, and guidelines by a professional body or industry association.
Can you tell me what you understand by the principles of better regulation?
Transparency, consistency, evidence based, targeting , responsive to changes
What is a Bye-Law?
bye-law is a rule or regulation made by RICS for the regulation of its members and the profession of surveying. RICS bye-laws set out the standards of professional conduct and ethical behavior expected of RICS members. RICS bye-laws cover a wide range of topics, including the qualifications required for membership, the professional obligations of members, the use of the RICS designation and logo, and the procedures for handling complaints and disciplinary proceedings. They are designed to ensure that RICS members adhere to high ethical and professional standards, and to protect the interests of clients, the public, and the profession as a whole.
Explain to me the new RICS Rules of Conduct - what do they replace?
The Royal Institution of Chartered Surveyors (RICS) recently implemented a new set of Rules of Conduct, which replaced the previous RICS Rules of Conduct 2017.
The new RICS Rules of Conduct aim to strengthen professional ethics, transparency, and accountability for RICS members and firms, aligning with RICS’ core values and global standards. The new rules emphasize the importance of ethical behavior, integrity, and impartiality, ensuring that RICS professionals act in the public interest, avoid conflicts of interest, and maintain the highest standards of professionalism.
The key changes in the new RICS Rules of Conduct include:
A simplified, more transparent code of ethics that emphasizes the public interest, independence, and professionalism.
A clearer definition of conflicts of interest, with more guidance on how to identify and manage them.
Stronger provisions for whistleblowing, to encourage members and firms to report misconduct and unethical behavior.
Greater emphasis on the importance of training and professional development to maintain high standards of professionalism.
When do the new Rules of conduct take into effect?
the new Rules of Conduct came into effect on 2 February 2022.
Who do new ROC relate to?
The new RICS Rules of Conduct relate to all RICS members and firms, regardless of their location or area of practice.
What are the 6 ethical principles that the Rules of Conduct are based on?
Integrity, objectivity, professional competence, confidentiality, professional behaviour, respect for the public interest
What are the 5 Rules?
- 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.
Give an example behaviour for each rule.
- effective processes to identify conflicts of interest, open and transparent about fees, client’s money safe, no corruption or bribery
- only undertake work that they have the knowledge, skills and resources to
carry out competently, identify development needs, plan and undertake continuing professional development (CPD) activities
to address them and are able to demonstrate they have done so, stay up to date to changing legislations and codes of practice - agree with clients the scope of the service to be provided and its limitations, and timescales for the work; inform clients that they are regulated by RICS and that they may need to disclose records to RICS where required for regulatory purposes.
- treat everyone fairly and do not discriminate against anyone on any
improper grounds, including age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. - respond to complaints made against them promptly, openly and professionally; question practices and decisions that they suspect are not right, and raise concerns
What are the core professional obligations of firms and members to RICS?
Obligations for members; comply with CPD requirements, cooperate with RICS, promptly provide all information reasonably requested by the Standards and Regulation Board
Obligations for firms; publish complaints handling procedure, including ADR provider approved by RICS and maintain complaints log, all previous and current work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS; sole principal make appropriate arrangements for professional work to continue in the event of incapacity, death; cooperate with RICS; provide information to SRB; business literature to denote that they are regulated by RICS; report any matter required under the Rules for the Registration of Firms
Who is a Responsible Principal?
a Responsible Principal is a person who has overall responsibility for the conduct of a registered firm’s business and compliance with RICS regulations. The Responsible Principal is typically a principal or director of the firm who is also a member of RICS.
The role of the Responsible Principal includes ensuring that the firm meets the eligibility criteria for registration with RICS, including having appropriate professional indemnity insurance and complying with RICS regulations and ethical standards. The Responsible Principal is also responsible for ensuring that the firm’s staff members and other principals or directors comply with RICS regulations and ethical standards.
What is a phoenix firm?
A phoenix firm is a term used to describe a company that has been created to replace a previous company that has become insolvent or is experiencing financial difficulties.
What happens if a firm cannot comply with the eligibility criteria?
If a firm cannot comply with the eligibility criteria for registration with RICS (Royal Institution of Chartered Surveyors), the firm may be unable to register with RICS or may have their registration revoked if they are already registered. non-compliance with RICS regulations and ethical standards can result in disciplinary action against individual members of the firm, including fines, suspension, or expulsion from RICS membership. This can further damage the reputation of the firm and its individual members.
What are the rules around use of the RICS logo and ‘Regulated by RICS’ designation?
When did these rules last change?
permitted use - only member or registered firm, not alter
02/02/2022
What disciplinary procedures can the RICS impose?
Warning, fines, suspension, expulsion
In what circumstances can the disciplinary procedures be imposed?
Breach of RICS rules and regulations, Professional misconduct, Non-payment of fees
When did RICS last update their disciplinary panel rules?
the most recent update to the RICS Disciplinary Panel Rules was made in December 2020. The updated rules, known as the RICS Disciplinary, Registration and Appeal Panel Rules 2020, replaced the previous version which was published in 2019.
The 2020 update introduced some changes to the disciplinary process, including the creation of a new panel, the Registration Panel, which is responsible for considering applications for registration, re-registration and restoration to the RICS register. The update also clarified the procedures for managing complaints and conducting investigations, and made some changes to the composition and procedures of the disciplinary and appeal panels.
What money laundering regulations or legislation are you aware of?
Federal Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organizations (AML Law).
The AML Law establishes the legal framework for AML/CFT in the UAE and outlines the obligations of various entities, including financial institutions, designated non-financial businesses and professions and others, to prevent and detect money laundering and terrorist financing activities.
What bribery legislation are you aware of?
Federal Law No. 3 of 1987 on Issuance of Penal Code: This law criminalizes bribery and corruption, and individuals found guilty can face imprisonment and/or fines.
What is a bribe?
A bribe is a form of payment, gift, or favor given or promised to someone in a position of authority or trust, with the intention of influencing their behavior or decision-making in favor of the giver.
What constitutes an offence under relevant money laundering regulations?
Knowingly carrying out a financial transaction that involves proceeds of a crime.
Knowingly providing assistance, counseling, or advice to individuals or entities involved in money laundering.
Obstructing, delaying, or preventing investigations into money laundering.
Providing false or misleading information to authorities during an investigation into money laundering.
How long should you keep anti money laundering records for?
According to the law, businesses and institutions that are subject to AML regulations must retain records related to their AML activities for a minimum period of five years. This includes records related to customer identification, transactions, and suspicious activity reporting.
What is Professional Indemnity Insurance (PII)?
A type of insurance that provides protection to professionals against legal claims and compensation costs arising from their professional services or advice.
Professional Indemnity Insurance is designed to cover the costs of legal representation and compensation if a client suffers financial loss or damage as a result of the professional’s negligence, error, or omission.
Can you tell me about the RICS requirements in relation to PII?
Members must provide evidence of their PII cover on an annual basis to RICS to demonstrate compliance with RICS.