Ethics, rules of conduct and professionalism Flashcards
When was the RICS founded?
1868
How many members have RICS membership?
Over 130,000
What are the 4 levels of RICS membership?
- FRICS
- MRICS
- AssocRICS
- Trainee/Student
When did the RICS Rules of Conduct (2021) come in to effect?
2nd February 2022
What are the five Rules of Conduct?
Rule 1. Members and firms must be honest, act with integrity and comply with their personal obligations, including obligations to RICS
Rule 2. Members and firms must maintain their professional competency 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 their profession
When was the previous Rules of Conduct put in place?
2007
Name the changes brought into the new Rules of Conduct.
- A simpler structure
- Clear examples
- Focusing on respect, diversity and inclusion
- Understanding evolving technology
- Tackling global challenges
What are the RICS three main roles?
- To maintain the highest standards of education and training
- To protect consumers through strict regulation of professional standards
- To be the leading source of information and independent advice on land, property, construction and associated environmental issues
What is the name of ‘The Future of the RICS’?
The Bichard Review
What does The Lord Bichard Review aim to do?
- “clarify the purpose of RICS, including its responsibility to act for the public advantage;
- make recommendations on its governing structure to deliver that purpose; and
- provide proposals for the incoming leadership and governing body on the future culture and strategy of the Institution
When was the Bichard Review published?
30th June 2022
What are the benefits of being an RICS member?
- Status - Your professional credentials provide unrivalled client confidence
- Recognition - Promotion of your professional excellence to governments and markets
- Market advantage - RICS status and standards gives you a competitive advantage
- Knowledge - International practice standards, professional guidance, CPD & knowledge sharing
- Network - Access to 130,000 professionals worldwide
What are the three benefits of regulation for firms?
- Confidence - for clients as regulated firms are monitored by RICS Regulation
- Professionalism - firms will have to provide clear, impartial and expert advice
- Security - firms have to have a recognised complaints procedure, access to free independent redress and PI cover.
When did the RICS Service Charges in Commercail Property, 1st Edition (2018) come into effect?
1st April 2019
What are the aims and objectives of the RICS Service Charges in Commercail Property, 1st Edition (2018)?
- Improve general standards and promote best practice, uniformity, fairness and transparency in the management and administration of services charges in commercial property
- Ensure timely issue of budgets and year-end certificates
- Reduce the causes of disputes and to provide guidance on resolution, and
- Provide guidance to solicitors, their clients (whether owners or occupiers) and managers of service charges in the negotiation, drafting, interpretation and operation of leases, in accordance with best practice.
What are the 6 ethical standards the Rules of Conduct is based on?
- Honesty
- Integrity
- Competence
- Service
- Respect
- Responsibility
What are the bandings for PII insurance?
Turnover up to £100k = minimum £250k cover
Turnover between £100k and £200k = minimum £500k cover
Turnover over £200k = minimum £1,000,000 cover
What types of due diligence are there?
- Know your customer due diligence
- Simple due diligence
- Enhanced due diligence
What is KYC due diligence?
Know you customer due diligence – checks to identify your client to make sure they are who they say they are
What is simple due diligence?
Simple due diligence – lowest level of due diligence when there is little risk
What is enhanced due diligence?
Enhanced due diligence – thorough investigation when risk is high
How do you keep Client confidentiality?
Adhere to the Data Protection Act 2018 and EU GDPR 2016. I do not discuss details of cases or provide sensitive information. Data is anonymised where possible.
What are the different types of RICS documents?
- Professional statement
- Guidance note
- Code of Practice (can be mandatory or guidance) – developed with other bodies
- Jurisdiction guide – purely information on local market
- RICS Regulation note
Who is the current President of the RICS?
Ann Gray
What challenges do you see RICS facing in the next few years?
- Increased push to sustainability in order to achieve Net Zero
- Landlords are applying to EPC exemptions due to high cost
- Implementing technology into buildings – understanding and reporting on data will help industry move faster. But then also need to consider privacy when sharing this data.
- Retail sector need to focus on service delivery to stay competitive
- Changes in the way offices model and how companies operate might require guidance for surveyors
Explain the purpose of Workman’s Procurement Policy.
Designed to provide a framework for the management of all purchasing activity undertaken by Workman on behalf of its clients. The Purchasing Policy enables the competitive engagement of all third party suppliers and contractors who provide goods, services and works to Workman on behalf of its clients.
What is the purpose of Workman’s Anti Corruption and Bribery Policy (Gifts and Hospitality)?
(a) set out our responsibilities, and of those working with us and for us, in observing and upholding our position on bribery and corruption; and
(b) to provide information and guidance to those working with us and for us on how to recognise and deal with bribery and corruption issues.
What requirements need to be met to meet the Workman’s gift and hospitality policy?
- Not made with the intention of influencing a third party
- Complies with the law
- Does not include cash or a cash equivalent
- It is not excessively expensive or extravagant
- It is given openly
What does the Ethics Decision tree provide?
It provides a framework of questions which members should ask themselves in a potentially unethical situation
What the three levels of disciplinary action?
- Action by head of regulation
- Regulatory tribunal
- Appeal panel
What is the difference between conflict avoidance and conflict management.
Conflict avoidance - when you will not accept the instruction
Conflict management - take steps to manage the conflict of interest
Name two mandatory professional obligations for RICS members
- CPD requirements
- Members must cooperate with RICS
What do you understand by the term self-regulation?
The act of something or someone regulating itself without intervention from external bodies
Name three manditory professional obligations for RICS firms?
- Cooperate with the RICS
- Complaints handling procedure
- Must display their business literature
What are the key functions of the RICS?
- High standards
- Promote trust
- Leading source of information and advice
When did RICS las update their disciplinary panel rules?
RICS Disciplinary, Registration and Appeal Panel Rules (October, 2019)
What are the three benefits of regulation for firms?
- Confidence - for clients as regulated firms are monitored by RICS regulation
- Professionalism - firms will have to provide clear, impartial and expert advice
- Security - firms have to have a recognised complaints handling procedure, access to free independent redress and PII cover
What information is required in an annual return for RICS registration?
- Type of business and staffing details
- Statutory regulated activities - such as for financial services
- Nature of clients
- Complaints handling procedure details and records
- Professional indemnity insurance details
- Whether the firm holds clients money
What are the mandatory professional obligations for RICS memebers?
- Comply with the CPD requirements set by RICS
- Cooperate with RICS
- Promptly provide all information reasonably requested by the Standards and Regulation Board
What are the mandatory professional obligations for RICS firms?
- Publish their complaints-handling procedure
- Appropriate professional indemnity insurance
- Appoint a sole principal
- Cooperate with RICS
- Promptly provide all information reasonably required by the Standards and Regulation Board
- Display on their business literature to denote that are RICS regulated
- Report to RICS any matter they are required to report under the Rules for the Registration of Firms
What is the Ethics Decision Tree?
The Decision Tree provides a framework of questions which members should ask themselves when facing a situation in which they are asked to act in a potentially unethical manner
Who can an RICS member call when facing any ethical issue?
The RICS Regulation Confidential Hotline
What are the three levels of disciplinary action?
- Action by Head of Regulation
- Regulatory Tribunal
- Appeal panel
On completion of their investigation, what four actions can the Head of Regulation take for disciplinary actions?
- Serve a Fixed Penalty Notice
- Make a Regulatory Compliance Order
- CPD sanctions
- Refer the matter to the Disciplinary panel for consideration under the discipline rules
When did Use for Social Media: Guidance for RICS Members come into effect?
30st June 2021
What social media posts would the RICS be likely to investigate?
- Discrimination
- Dishonesty
- Abuse
- Bulling
- Concerning communications
- Ignoring previous advice or warnings about concerns
Define a conflict of interest between two clients.
A conflict of interest arises when a member or firms independence and impartiality is threatened due to the existence of a conflict.
Give examples of a conflict of interest between two clients.
- A financial interest
- A personal interest
- Commercail relationships
- Acting on both sides of a transaction
What is the difference between conflict management and conflict avoidance?
Conflict avoidance is when you do not accept the instruction
Conflict management is when the instruction is accepted and steps are agreed to put in place to manage the conflict
Name the mandatory statement relating to conflicts of interests.
RICS Global Professional Statement on Conflicts of Interest, 2017
When did the RICS Global Professional Statement on Conflicts of Interest come into effect?
1st January 2018
Name the three different types of conflicts of interest.
- A ‘Party Conflict’ relating to work on the same or related instruction for two different parties
- An ‘Own Interest Conflict’ relating to a personal interest
- A ‘Confidential Information Conflict’ relating to work between two parties that is confidential
What is informed consent?
This is given in writing by the party is the person explaining the position to them is entirely transparent about any material factors
When should a surveyor seek informed consent?
If satisfied that all relevant parties are best served by doing so
All conflicts must be managed with in accordance with what?
the Professional Statement