Ethics, rules of conduct and professionalism (Level 3) Flashcards

1
Q

What is the Royal Charter?

A
  • Awarded by Queen Victoria 1881 and requires the RICS to act in the public interest and promote the profession
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the RICS motto?

A

Est Modus in Rebus - There is measure in all things.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the role of the RICS?

A

To regulate and promote the profession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is LionHeart?

A

An RICS charity to provide advice and support to members in need.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How does the RICS ensure improved quality standards?

A

Through the Rules of Conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the RICS Rules of Conduct?

A
  1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
  2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
  3. Members and firms must provide good quality and diligent service.
  4. Members and firms must treat others with respect and encourage diversity and inclusion.
  5. Members and firm must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the professional obligations to RICS for members?

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the professional obligations to RICS for firms?

A
  1. Firms must publish a complaints-handling procedure, which includes and 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 PI cover that meets the standards approved by RICS.
  3. Firms with a sole principle 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. Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When is a Firm required to register for regulation by RICS?

A

A Firm is required to register for regulation by RICS if:
a - the Firm provides surveying services to the public
b - the Firm is operating in Regulated Area A
c - at least 50% of the Firm’s Principals are RICS Members

RICS Members who a Principals of a Firm required to register must take all reasonable steps in their power to ensure an appropriate application to register is made.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When is a Firm eligible to register for regulation by RICS?

A

A Firm is eligible to register for regulation by RICS if:
a - the Firm provides services to the public and
b - at least 25% of the Firm’s Principals are RICS Members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What would you do if you were offered a gift?

A
  • I would act in accordance with RICS and T&T guidance
  • consider who is giving the gift
  • nature of the gift
  • timing of the gift
  • make a record of the gift and what action was taken
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the Bribery Act and its main principles.

A

Bribery Act 2010 cover criminal law relating to bribery

6 principles are:

  • Proportionality
  • Top level commitment
  • Risk assessment
  • Due diligence
  • Communication
  • Monitoring and review
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the four offences of bribery?

A
  • Bribing another person
  • Bribing a public official
  • Allowing yourself to be bribed
  • Failure as a business to prevent bribery
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the minimum level of cover required under PI insurance for a firm?

A

Based on the firms turnover from the previous year:

up to £100k = £250k cover
£100k-£200k = £500k cover
above £200k = £1m cover

Must be fully retroactive.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is run off cover?

A

Run-off cover covers a firm following the period where they cease to trade in the event a company is closed down and a claim is made against them. RICS requires firms to have a minimum of 6 years of run-off cover.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is CPD?

A

Continuing Professional Development - continuously learning and updating professional knowledge in order to remain competent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the CPD requirements for RICS?

A

20 hours for members and 48 hours for APC candidates - 50% of which must be formal.

18
Q

What are the RICS principles of better regulation?

A
  1. Proportionality
  2. Accountability
  3. Consistency
  4. Targeting
  5. Transparency
19
Q

What is the RICS governance structure?

A
  • Privy Council
  • Governing Council
  • Management boards (finance committee, world regions boards, remuneration committee)
20
Q

What is RICS Matrics?

A

Support members joining the profession in the first 10 years of their profession?

21
Q

What are RICS Professional Standards?

A

Professional Standards are mandatory documents RICS members must follow.

22
Q

What are RICS Guidance Notes?

A

Guidance documents on specific areas of practice that promote best practice.

23
Q

Can you provide an example where you have acted with integrity?

A

Highlighted and error and omission in a contractors application for payment and raised it so it does not impact on their cashflow.

24
Q

Is there anything you use to make an ethical decision?

A

Follow the RICS’ ethical decision tree.

25
What is a locum?
Someone who is able to cover in the event a professional is unable to work i.e. a Sole Principle.
26
What insurance is required for a RICS firm?
PI Building insurance Employers Liability Public Liability
27
How do you keep up to date with topical issues within the industry?
- Relevant CPD - Newsletters - Knowledge share sessions - RICS APC
28
Are you aware of the sanctions for non-compliance of CPD?
1 year - fixed penalty caution 2nd within 10 years - fixed penalty caution, published name on website 3rd within 10 years - disciplinary panel, possible explusion
29
What steps would you need to take to set up your own firm?
- Inform RICS of intention - Register with RICS for regulation - Have appropriate PI cover - Set up a client account for handling client money - Set up a complaints handling procedure - Ensure any further relevant insurances are in place - Ensure 25% of the principles of the firm are chartered
30
How would you set up a clients money account?
- Must be kept in a designated client account and clearly identifiable - The account should have the client in the title and the firms name or identifier if a discreet account - Interest must be agreed with the client - Maintain a ledge on the running balance of any transactions - Agree terms and advise client on details - Must never be overdrawn
31
What are the associated maximum levels of uninsured excess?
Based on the limit of indemnity: - Up to and including £500k - 2.5% of insured sum or £10k whichever is greater - Over £500k - 2.5% of insured sum
32
What are the requirements for PII under RICS regulation?
1. Fully retroactive 2. Cover past projects and people 3. Each and every claim basis 4. Has run-off cover 5. Underwritten by an RICS listed insurer
33
What happens if a claim against a firm is greater than the PI cover?
The company is liable for the additional monies and assets and the like can be used to pay this off. Limit of liability can mitigate this.
34
What is a 'Limit of Liability' clause?
Limits the amount one party has to pay the other if they suffer a loss because of a contract between them.
35
What would you do if a client withholds money from a contractor?
- Advise them to pay as they are breaching contract. - Raise this internally as it may result in a dispute and notify the RICS.
36
What is Professional Indemnity Insurance?
Insurance which covers individuals, companies and clients from costs that may arise from a claim due to negligence, errors or omissions while providing a professional service.
37
What is the RICS Black Book?
A set of best practice standards and guidance notes for QS professionals.
38
Can you name some of the documents within the Black Book?
1. Retention 2. Extensions of Time 3. Valuing Change 4. e-tendering 5. Cost Reporting 6. Final Account procedures
39
Who is the president of RICS?
Justin Sullivan
40
What is a conflict of interest?
When a professionals personal interests could influence their professional judgement