Ethics, rules of conduct and professionalism Flashcards

1
Q

What does RICS stand for?

A

Royal institution of Chartered Surveyors

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2
Q

When was the RICS founded?

A

1868

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3
Q

Who is the president of the RIC?

A

Tina Paillet

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4
Q

What is the RICS Moto?

A

There is measure in all things

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5
Q

What are the benefits of being an RICS member?

A
  • Status – provides client confidence
  • Recognition – promotion of your professional excellence to governments and markets
  • Market advantage – RICS status and standards give you a competitive advantage
  • Knowledge – access to professional guidance, cpd and knowledge
  • Network – over 130,000 members
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6
Q

What are the 5 rules of conduct?

A

Members and firms must
* 1 - be honest, act with integrity and comply with their professional obligations, including the RICS
* 2 - ensure they are maintain their professional competence and ensure services are provided by competent individuals with necessary experience
* 3- provide good quality and diligent service
* 4 - treat others with respect and encourage diversity and inclusion
* 5 - act in the public interest, take responsibility for their own actions, act to prevent harm and maintain public confidence in the profession

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7
Q

Why were the rules amended?

A
  • Consolidate the seperate members and firms rules of conduct
  • One single document to provide clarity
  • Clearer examples of behaviours, understanding of technology and tackling climate change
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8
Q

What’s included in the new rules?

A

The new rules will provide:
* Create a clear structure.
* To focus on diversity, respect and inclusion
* To cover evolution of data and technology
* To highlight their role when it comes to global challenges.

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9
Q

In case of a breach in a rule of conduct, what can happen?

A
  • Not every shortcoming leads to proceeding
  • The head of regulation will carry out a formal investigation
  • They can request information/visit and inspect to investigate compliance
  • Members must co-operate with all enquires
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10
Q

What are the actions imposed after an investigation?

A
  • Financial penalty
  • Disciplinary panel
  • Consent order
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11
Q

When is disciplinary proceedings triggered?

A
  • When the RICS receive a complaint
  • When the RICVS are provided with information
  • When an allegation is received by a client or third party
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12
Q

What should be included in a complaints handling procedure?

A

The RICS provide a model form
* Must provide a redress mechanism
* Details of the policy should be issued to client
* It must be clear, quick, transparent and free of charge at the first stage
* Must include details of the nominated investigating person
* Must be investigated within 28 days
* All complaints must be recorded
* Note the requirement to advise PI insurers

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13
Q

When a complaint is received I would:

A
  • Acknowledge receipt
  • Forward to the firms designated complaints handler
  • Highlight the importance of informing our PI insurers
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14
Q

What do you understand of a conflict of interest?

A
  • A conflict of interest is when you have a personal or profession interest making it difficult fulfil your duties and to stay impartial
  • A COF could also take place when an existing relationship is in place which could result in reduced impartiality
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15
Q

How would you manage a conflict of interest (COI)?

A
  • If it is a personal profession interest – then I would step away
  • However, dealing with a client COI:
    o Obtain approval from both parties
    o Ensure there is an information barrier
    o Ensure separate communication lines
    o Could sign confidentiality or non-disclosures
    o Monitor and ensure both parties are kept up to date
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16
Q

What are the professional obligations of members?

A
  • Publish a complaints handling procedure
  • Ensure all professional work is covered with the appropriate PII cover
  • Cooperate with the RICS
  • Promptly provide all information reasonably requested by the standards and regulations board
17
Q

What is run off cover?

A

Insurance cover that protects individuals when a business no longer exists

18
Q

Run off Cover brackets:

A
  • Up to 100,000 - £250,000
  • Up to 200,000 - £500,000
  • Above 200,000 - £1,000,000
19
Q

Case law surrounding run off cover?

A
  • Merrit v Babb
  • Client successfully sued an individual because company no longer existed
20
Q

How long after work undertaken can a claim be made?

A

15 years

21
Q

Why is PII cover important and how do you calculate the level of cover required?

A

Provides financial cover should the company face suffer financial loss due to negligence, error or omissions
Minimum Cover
* The firms cover is based on their turnover:
* T= £100,000 or less C= £250,000
* T=up to £200,00 C=500,000
* T=£200,000 or above C = £1,000,000
Maximum level of uninsured excess
* T= £10,000,000 or less E = higher of 2.5% or £10,000
* T= £10,000,000 or above E = no limit set

22
Q

What is CPD?

A

Continued Professional Development

23
Q

What are the CPD Obligations

A
  • 20 hours per calendar year, at least 10 hours formal
  • Informal: Non-structured, self-training
  • Formal: structured training, with a clear earning outcome.
24
Q

What is the difference between a gift or bribe?

A
  • A gift is something given without any expectation of return, and is not payment for previous service.
  • A bribe is a payment made or offered to a public official for them to do, or not do, an official act.