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APC Mandatory Competencies > Ethics, Rules of Conduct and Professionalism > Flashcards

Ethics, Rules of Conduct and Professionalism Flashcards

1
Q

Why do you want to join the RICS?

A
  • To be respected as RICS chartered. I’d be very proud of being part of such an esteemed organisation.
  • It also presents CPD support and career and networking opportunities.
  • Would also give clients more trust in my ability as a professional.
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2
Q

What is the meaning of the RICS Motto?

A

The motto is ‘Est Modus in Rebus’ which in Latin translates to ‘There is measure in all things’.

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3
Q

What is the Mission Statement of the RICS?

A
  • To qualify and equip their members to offer the highest standards of professional service.
  • To promote and enforce standards
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4
Q

When was the RICS founded?

A

 It was founded in 1868.

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5
Q

How is the RICS Structured?

A
  • The RICS is self-regulated and internally monitored meaning that it is not regulated by the Government or external parties.
  • The Bye-Laws determine how the RICS is regulated.
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6
Q

What are the RICS’ 5 principles of better regulation?

A
  • Proportionality.
  • Accountability.
  • Consistency.
  • Targeting.
  • Transparency.
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7
Q

What is the difference between RICS ethics and rules?

A
  • Ethics are a set of moral values.
  • Rules of conduct are a framework that we work to.
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8
Q

When are the Rules of Conduct changing?

A
  • The New Rules of Conduct are effective from the 2nd February 2022.
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9
Q

What are the New Rules of Conduct?

A
  • Rule 1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
  • Rule 2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
  • Rule 3. Members and firms must provide good-quality and diligent service.
  • Rule 4. Members and firms must treat others with respect and encourage diversity and inclusion.
  • Rule 5. 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.
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10
Q

Why did the previous Rules of Conduct change?

A
  • The previous rules had been in place since 2007.
  • This was to provide a single document to enable greater clarity for RICS members and firms.
  • I also understand there is now a greater focus on clearer example behaviours, understanding evolving technology and tackling climate change.
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11
Q

What are the professional obligations of members?

A
  1. Members must comply with the CPD requirements set by the RICS which requires 20 hours of CPD for each calendar year.
  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.
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12
Q

What are the professional obligations of firms?

A
  1. Firms must publish a complaints-handling procedure.
  2. Firms must ensure 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.
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13
Q

Please explain the steps of the updated RICS Ethics
Decision Tree for 2022?

A
  • provides a decision-making framework to deal with even the most testing of ethical dilemmas.
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14
Q

Why does the RICS have Rules of Conduct?

A
  • To provide a framework that we can all work to and so the client knows he is getting a set level of service.
  • The Rules of Conduct are also a useful professional guide for individual members.
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15
Q

In the case of a breach of a rule of conduct what is the procedure?

A
  • Not every shortcoming will necessarily give rise to proceedings.
  • A formal investigation by the Head of Regulation of the RICS is the first step in the process.
  • The RICS can request information and/or visit and inspect to investigate compliance.
  • Members must cooperate fully with all enquiries.
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16
Q

How can a disciplinary proceeding be triggered?

A
  • Someone complaining to the RICS.
  • An allegation by a client or third party.
  • Information received or established by the RICS.
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17
Q

What three actions can be imposed after the end of the
investigation stage?

A
  • Fixed penalty.
  • Consent order
  • Disciplinary panel.
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18
Q

What are fixed penalties?

A

A fine by the RICS.

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19
Q

What are consent orders?

A
  • It is a written agreement between the RICS and a member or firm concerning a disciplinary issue on a breach of the RICS rules.
  • It can restrain the member or firm from taking certain actions for a specified period of time.
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20
Q

When is a disciplinary panel applicable?

A
  • They are used for more serious breaches of conduct.
  • The panel will usually be held in public.
  • The burden of proof is on the RICS.
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21
Q

What sort of breaches would expulsion be suitable for?

A
  • Gross, persistent or wilful failure to comply with an RICS rule of conduct.
  • Fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliberate discrimination, misappropriation of a client’s money.
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22
Q

What procedures must you follow if you are starting up a new practice?

A

 Contact the RICS for guidance and obtain a company start up pack.
 Inform the RICS and register for regulation.
 Prepare a complaints handling procedure.
 Obtain Professional indemnity insurance cover.
 Abide by the Rules of Conduct for Firms.
 Use the designation ‘Regulated by RICS’ on all practice material.

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23
Q

What insurances would you need if you were starting up
your own firm?

A

 Professional Indemnity Insurance.
 Employer’s Liability.
 Public Liability.
 Building’s insurance of an office premises.

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24
Q

What sort of information do registered firms have to
send to the RICS annually?

A

It is called annual return and carried out on-line.
 Failure to do so leads to a fixed penalty.

o Nature of clients.
o Training provision.
o Complaints handling procedures details and records.
o PI insurance details.
o Whether the firm holds clients’ money.

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25
Q

What processes do regulated firms need to put in place
when handling Clients’ Money?

A

o A Principal oversees the client money accounting functions.
o Accounting systems and data must be secure.
o Client money must be kept separate and clearly identifiable with the word ‘client’ included in the bank account name.
o Clients must always have access to funds.
o The account must not be overdrawn.

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26
Q

What are the different types of client money accounts?

A
  • General accounts hold money for more than one client.
  • Discrete accounts reference a single named client.
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27
Q

What is meant by the term Negligence?

A
  • Negligence is a failure to provide the duty of care that is owed to the client.
  • If it is breached due to Negligence a claim may arise resulting in damages being paid or a Professional Indemnity Insurance claim.
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28
Q

Tell us about the Merrit V Babb case law?

A

This case dates back to 2001 and highlights the importance of having run-off cover in place.
- A surveyor was sued for negligence by a former client.
- Because the surveying firm was no longer in existence therefore the individual surveyor was pursued for damages successfully.
- This caused a big shock in the industry and highlighted the need to ensure that run-off cover is in place for all previous employees.

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29
Q

What limitation periods are associated with underhand
and deed forms of contract?

A
  • 6 years when executed under hand.
  • 12 years when executed as a deed.
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30
Q

What must a complaints handling procedure include?

A

 The RICS provides a model form.
 The process must include a redress mechanism.
 Details of the policy should be issued to the client
 The complaint must be investigated within 28 days.
 All complaints must be recorded.
 We must note the need to advise PI insurers of a complaint immediately.

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31
Q

What is an independent redress scheme?

A
  • Gives a clear route for making a complaint in the knowledge that if it cannot be resolved with the firm an independent third party will look at the facts and arbitrate.
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32
Q

What do you do if you receive a letter of complaint?

A
  • I would acknowledge receipt and I would forward it to my firms designated complaint handler, as per our complaint handling procedure, providing additional information as required.
  • I would also highlight the importance of informing our Professional Indemnity insurance providers immediately.
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33
Q

What is the ‘Clients’ Money Protection Scheme’?

A
  • This is a money protection scheme operated by the RICS.
  • It contains provision for any member of the public to be reimbursed their direct loss of funds when using an RICS regulated firm.
  • This is provided through an RICS insurance policy.
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34
Q

What is the purpose of the joint names on a client
account?

A
  • For the purpose of dual authorisation.
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35
Q

What are the continuous professional development
(CPD) requirements?

A
  • Members must undertake and record appropriate lifelong learning.
  • On request by the RICS they must provide evidence that they have carried out the CPD to maintain and improve their levels of professional competence.
36
Q

What does PII stand for?

A

 Professional Indemnity Insurance.

37
Q

What is the purpose of Professional Indemnity
Insurance?

A

To provide financial cover in the event a client suffers financial loss as a result of a breach of professional duty e.g. neglect, errors or omissions

38
Q

What benefits does it provide for the professional?

A
  • The professional is protected from financial losses.
  • The firm does not have to meet the claim from their own assets and resources.
39
Q

What benefits does it provide for the client?

A
  • They are able to recover their financial losses.
40
Q

On what basis is it underwritten in the UK?

A
  • On a claims made basis.
41
Q

What does on a claims made basis mean?

A
  • When a claim is received, it is the insurer in place at that time that will respond rather than the insurer in place when the negligent act occurred.
  • This is why policies must cover past and present employees.
42
Q

What are the requirements regarding Professional
Indemnity Insurance set by the RICS?

A

 The policy cover must be made on an ‘each and every’ claim basis.
 The RICS sets out the minimum levels of indemnity.
 The RICS sets out the maximum levels of uninsured excess.
 Run off cover must be in place for at least 6 years

43
Q

What are the minimum levels of indemnity and
Maximum levels of uninsured excess?

A
44
Q

What measures should be taken to try and avoid PI claims?

A
  • Keep full and detailed records of meetings and conversations.
  • Use proper letters of engagement, scope of services and terms of engagement.
  • Don’t advise on a specialism outside your field of experience.
45
Q

If you made a mistake in your cost plan what would
your insurance company expect?

A
  • For you to notify them and comply with any conditions & procedures set out in the insurance policy.
46
Q

If an estimate prepared by a QS is incorrect can the
client claim damages?

A
  • An estimate that is incorrect in itself will not provide the client with a right of redress.
  • The client must demonstrate that the QS warranted the accuracy of the estimate or that it was incorrect due to a lack of reasonable skill and care.
  • It could have been incorrect due to reasons outside their control for example market conditions or an item referred to in their exclusions.
47
Q

How can you limit your liability when agreeing terms of
appointment with a client?

A
  • If the client’s requirements are performance based, this may imply fitness for purpose. It is advisable to request a clause limiting the appointment to reasonable skill and care only.
  • Run off cover must be in place.
  • Execution of the appointment under hand will result in a reduced liability period of 6 years instead of 12.
48
Q

What are the main elements included within a fee
proposal?

A

 Terms and conditions.
 Scope of services.
 Exclusions & assumptions.

49
Q

If you put together a fee proposal, but a couple of
months into the job you realise that you have under
forecasted your resources, would you go back to the
client and ask for more money?

A

-If project requirements such as the services, scope or value of the project has increased then I would go back to client and request a fee increase.

  • If the scope of works had remained the same, this highlights a mistake within our fee bid and the additional work would need to be carried out without reducing the level of service being offered and without requesting additional fees from the client.
50
Q

Once you and your client agreed the services that are to
be provided verbally what would you do next?

A
  • Follow up with a formal letter which includes the terms and conditions, fees and scope of services that are to be provided.
51
Q

If the client gives you a lump sum fee before going on
holiday, what would you do?

A
  • would place the funds in a separately identified client account and agree a drawdown of monies against the services being provided with the client.
52
Q

Tell me what you understand about conflicts of interest?

A
  • A conflict of interest is where someone has competing personal or professional interests making it difficult for them to fulfil their duties impartially.
53
Q

How could the conflict of interest be managed internally
if two separate departments were working for the same
client?

A

 I could put in place procedures to ensure exclusivity of staff.
 This would avoid any cross over of information between the departments.
 I would also ensure that there are separate communication lines into the client.

54
Q

If the client was insistent that you worked for them
despite an existing conflict of interest, how would you
proceed?

A

 I would check the clients understanding around the conflict of interest.
 I would then make the client aware of the potential for reduced impartiality.
 If they were still insistent on the appointment, I would seek a letter of instruction from the client to continue.

55
Q

What are the Main Principles to Bribery prevention?

A

The main principles for bribery prevention are:

  • Top level commitment
  • Due diligence
  • Training
  • Monitoring
  • Proportionality
  • Risk assessment
56
Q

Under the Bribery Act, under what circumstance is a
facilitation payment permitted?

A
  • The only circumstance in which it is OK to make a facilitation payment is when you are under duress.
  • For example if there is a real and present risk or danger to “life, limb or liberty”.
57
Q

You are attending a Main Contractor organised business
conference where it is announced the you have been
randomly selected as the winner of this months prize
draw. Its an i-pad air. How would you act in this
scenario?

A
  • I would be extremely uncomfortable accepting the prize in this scenario.
  • I am aware that bribes are commonly distributed as random prizes and due to the seriousness of this incident I would report this to my line manager.
58
Q

You receive an invite to attend the Theatre with some
members of your Project Team but they dropped out
due to illness at the last minute, would you still attend?

A
  • In the first instance I would declare this hospitality on my companies’ gifts and hospitality register.
  • Assuming the invite was approved and I was authorised to attend, I would need to decline the invite due to the Project Team dropping out.
  • Since they won’t be present, this will not be a genuine business event.
59
Q

A contractor invites you to lunch to a restaurant and
advises they’ve got two Michelin stars and a wine list
second to none. They say they are keen to discuss the
details of their tender they are about to submit for the
project you are working on. How would you respond?

A
  • Going to what sounds like a lavish lunch paid for by a bidder in the middle of a tender process is against Company policy and could be an offence under the UK Bribery Act.
  • If this were the first time, it would be OK just to decline and explain that such an invitation is inappropriate.
60
Q

What is the RICS guidance note on Complaints handling procedure?

A

It gives guidance around handling complaints, record keeping and learning from experience.

  • clients should be made aware of the existence of a CHP in the terms of appointment.
  • Complaints should be reviewed by a senior member of the firm or designated complaints handler.
  • If the complaint cannot be resolved it should be passed to the firm’s independent redress scheme/dispute resolution service.
61
Q

What was the learning outcomes from the CPD you attended conduct rules, ethics, and professional practice?

A
  • This CPD session discussed the updated 2021 RICS rules of conduct discussing the 5 rules which members are to work to.
  • We also discussed the key differences between professional ethics and rules and why this was important.
62
Q

What is Arcadis’ internal gift policy?

A
  • Best practice permits promotional gifts & hospitality where they are transparent, proportionate, reasonable, and bona fide.
63
Q

why did you not advise the client on the amount of LDs to include within the contract and schedule of amendments on the HTA project?

A
  • I was not in a position to advise the client on the amount of liquidated damages as I am not a qualified legal advisor.
64
Q

What is the RICS Governing Council?

A

Governing Council is the highest governing body, setting the global strategy and ensuring RICS fulfils its Royal Charter obligations.

65
Q

What is the RICS Board?

A

The main purpose of The Board is to direct RICS affairs under delegated authority from Governing Council.

66
Q

Who is the current president of the RICS?

A

Ann Gray FRICS

67
Q

Give me an example of how you have given advice with a conflict of interest?

A
  • On a recent project, I made the client aware the designer was currently working with the same contractor on another project.
  • therefore it was agreed we would not divulge the commercial information on receipt of the tender returns and for the designer in question to be excluded from the interviews.
68
Q

What do you do if you are offered a gift?

A
  • Depends on timeliness/appropriateness. I would use the decision tree provided by the RICS. If It was a small value gift depending on the time it could be acceptable.
69
Q

What are the different groups under the RICS?

A

There are 17 professional groups, some of which include:

Building Surveying
Commercial Property
Project Management
Quantity Surveying and Construction
Residential Property
Rural
Valuation

70
Q

What QS firms have to registered with the RICS?

A
  • 50% principals are RICS members
  • Provide surveying services to the public
  • Offices in the UK
71
Q

Can you give me an example of how you adhered to the rules of conduct of the rules?

A
  1. Act with Integrity
    - noticed a mistake in a Contractor’s Payment Application on a project that benefited the Client. I alerted the Contractor and valued the works fairly and reasonably.
  2. Always provide a high standard of service
    - A Client on Project E had to travel abroad for personal matters. He wanted to stay involved in the project whilst he was away so each I phoned him to update him on the progress.
  3. Act in a way that promotes trust in the profession.
    - I noticed a mistake in a Contractor’s Payment Application on Project E that benefited the Client. I alerted the Contractor and valued the works fairly and reasonably.
  4. Treat others with respect
    - reviewed work done by a junior member of my team and found a mistake. I didn’t want to make him feel uncomfortable so privately explained the mistakes and rectifications.
  5. Take responsibility
    - After issuing a cost plan I noticed an arithmetical error. I quickly notified the Client of the mistake and apologised. I then rectified and issued a corrected version.
72
Q

What are the rules of conduct governed by?

A
  • The rules of conduct are governed by the by-laws and regulations.
73
Q

How are the requirement of professional indemnity insurance captured in the new set of rules?

A
  • Appendix A - firms responsibilities to the RICS
74
Q

When is a firm eligible to be registered by the RICS?

A
  • 25% of principals are RICS members
  • Provide surveying services to the public
75
Q

Talk me through your firm’s complaints handling procedure?

A
  • Points to a manager/director for the complaint to be filed
  • Requires that the complaint be written
  • Informs the complainant that it has been received by a manager within 7 days, and there will be a decision made on the action within 21 days from that point
  • Points to a 3rd party adjudicator who the complainant can go to if they are unhappy with the service/decision
76
Q

What should you get from your client if both the client and you are happy to proceed with a conflict?

A
  • Informed consent
77
Q

What is a bribe?

A
  • The promise of a benefit (financial or otherwise) for a professional to fail to uphold the requirements of their position.
78
Q

What types of bribes are there listed in the Bribery Act 2010?

A

Introduced to enhance UK law on bribery (bribery is illegal). Came into effect in 2011.

  • Bribing a person (offering, promising)
  • Being bribed (accepting, receiving or requesting)
  • Bribing foreign officials
79
Q

What are the penalties under the Bribery Act 2010?

A

For individuals/committing bribery:
- Imprisonment Up to 10 years
- Fines

For organisations that allowed bribery to occur:
- Unlimited fine, higher than individuals
- Implement crime prevention orders
- Any financial gain must be returned

80
Q

What are the reasons for handling clients money?

A
  • Holding our fees in advance.
  • Holding future payments to the Contractor.
81
Q

Can you accept cash payments?

A

Cash payments are avoided, politely decline a Client’s offer of payment in cash because:

  • No auditable trail
  • Do not know where it came from – risk money laundering.
82
Q

What is money laundering?

A
  • The concealment of the origins of illegally obtained money.
83
Q

what are the warning signs for money laundering?

A
  • Client being evasive about who they are.
  • Client being from a high risk country (i.e. Syria).
  • Client wanting to pay large amounts in cash.
84
Q

How can you prevent money laundering?

A
  • Conduct a money laundering risk assessment.
  • Appoint a nominated officer who will report money laundering.
  • Do not take cash as there is no auditable trail of the money.
85
Q

What are the RICS black books?

A
  • The ‘Black Book’ is a collection of technical practice documents which covers all processes throughout the construction project life cycle.
86
Q

What are some of the headings on the RICS website?

A
  • Profession & Standard
  • Regulation
  • Careers
  • Networking
  • Training
  • Dispute Resolution
87
Q

Can you name any example behaviours?

A
  1. Members and firms must be honest = Members and firms do not mislead others by their actions or omissions
  2. Members and firms must provide good-quality and diligent service = Understand clients’ needs and objectives before accepting any professional work.

APC Mandatory Competencies (11 decks)

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