Ethics, rules of conduct & professionalism Flashcards
What is the background of the RICS?
- Founded in 1868
- Incorporated by Royal Charter granted by the Privy Council in 1881
- First President was John Clutton
How is RICS governed?
Under terms of Royal Charter, by various internal councils, boards and associations
How many qualified members are there currently?
130,000
Who runs the RICS?
Governing council runs RICS, providing management and strategic direction. There are 25 members
Who reports to the Governing Council?
There Regulatory Board, Management Board, and various committees
How many specialist professional groups are there?
17 groups covering property, land and construction. Each group has an elected board.
Who is the current president of the RICS?
Clement Lau FRICS
Who is the president-elect of the RICS?
Ann Gray FRICS
Who is the Chair of the Governing Council?
Nick Maclean FRICS
Who is the current Chief Executive Officer?
Richard Collins
What is the Levitt Review 2021?
A public review into the lack of clarity, structure and purpose of the RICS governance arrangements. Levitt called for a full independent review of these matters. RICS Governing Council approved - Lord Michael Bichard is conducting this review currently
What are the main roles of the RICS?
- 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 environment issues
What is the key function of the RICS?
Promote and enforce the highest professional standards and qualifications
What are the benefits of being an RICS member?
- Status - credentials provide unrivalled client confidence
- Recognition - promotion of professional excellence to governments and markets
- Market advantage - RICS status and standards gives competitive advantage
- Knowledge - international practice standards, professional guidance, CPD & knowledge sharing
- Network - access to 130,000 professional globally
What are the benefits of regulation for firms?
- Confidence - for clients as regulated firms are monitored by the RICS
- 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 PII cover
How often must firms confirm compliance with obligations to RICS?
Annual return
What percentage of RICS members within a firm are required to apply for RICS regulation?
At least 25%
When MUST a firm be RICS regulated?
If 50% of Principals providing surveying services are RICS members
What is a Principal?
Sole practitioners, directors, partners or board members, or someone that acts without supervision
What is a Responsible Principal?
Nominated member of a firm that is obliged to ensure compliance with regulatory and RICS requirements
Where are disputes regarding registration of firms heard / taken?
RICS Standards & Regulation Board
Who can use the RICS logo?
Only RICS members and registered firms
What information is required by RICS for registration in firms annual return?
- 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
When were the new Rules of Conduct drafted?
Draft rules were published October 2021
What did the new Rules of Conduct replace?
Previous rules of conduct for members and firms, and the 5 global professional and ethical standards
When did the new Rules of Conduct become effective?
2nd February 2022
What is Rule 1?
- Members and firms must be honest, act with integrity and comply with their professional obligations, including their obligations to the RICS
What is Rule 2?
- Members and firms must maintain their professional competency and ensure that services are provided by competent individuals who have the necessary expertise
What is Rule 3?
- Members and firms must provide good-quality and diligent service
What is Rule 4?
- Members and firms must treat others with respect and encourage diversity and inclusion
What is 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
Can you give an example of a time you followed Rule 1?
- I always protect confidential information and only use it for the purposes it was provided
During a client call for a valuation, my client discussed details of other properties in their portfolio, information that I kept confidential
2 .I am also transparent with clients about fees and services
Can you give an example of a time you followed Rule 2?
- I carried my CPD requirements as a candidate amounting to 100 hours over my 24 month structured training
- I always reflect on work I have undertaken to learn from my experience, for example my case study
Can you give an example of a time you followed Rule 3?
- I ensure that I fully understand my clients’ needs and objectives before accepting any instruction
- I ensure that I communicate the material information that my advice is based upon
Example for both - my case study
Can you give an example of a time you followed Rule 4?
- I ensure that I respect the rights of other and treat others with courtesy.
For example, I am always courteous towards tenants when I am inspecting their workspaces, which may include sensitive information
- I always seek to work cooperatively with others, especially during negotiations
Can you give an example of a time you followed Rule 5?
- I acted to prevent harm during the pandemic, following government guidelines by wearing a face mask, using hand sanitiser, and keeping a social distant when visiting site premises
- I ensure that all of my posts on LinkedIn are professional in order to promote public confidence in the profession
Why were the new rules introduced?
- Simpler structure with clear examples
- Focus on respect, diversity and inclusion
- Understanding evolving technology
- Tackling global challenges
What are the professional obligations of members?
- Comply with CPD requirements
- Cooperate with the RICS
- Promptly provide all information reasonably requested by Standards and Regulation Board
What are the professional obligations of firms?
- Complaints handling procedures (with complaints log)
- PII cover
- Sole practitioner future arrangement
- Cooperate with RICS
- Promptly provide all information reasonably requested by Standards and Regulation Board
- Display RICS designation on business literature
- Report to RICS any matters required under Rules for Registration of Firms
What is the Ethics Decision Tree?
RICS guidance that provides a framework for members to follow when facing a potentially unethical situation
Who regulates the RICS?
RICS is self-regulated
What can trigger a disciplinary procedure?
- Complaint to the RICS
- Allegations by client or third party
- Information received or established by the RICS
What are the 3 levels of disciplinary action?
- Action by Head of Regulation
- Disciplinary Panel
- Appeal panel
What is the first step of the disciplinary procedure?
Formal investigation by the Head of Regulation of RICS
What actions can the Head of Regulation take in a disciplinary procedure?
- Service a fixed penalty notice
- Make a Regulatory Compliance Order
- CPD sanctions
- Refer the matter to the Disciplinary Panel for consideration under the discipline rules
What are fixed penalties?
Disciplinary action used for breaches of the Rules in relation to supply of information to the RICS
What are Regulatory Compliance Orders?
Disciplinary action consisting of a written document which states the terms upon which the member or firm must take or desist from taking certain actions in a specified time period. Used for low level breaches of the Rules, that can be corrected
What are CPD sanctions?
Disciplinary action that place obligation on a member to follow CPD requirement
When are matters referred to the Disciplinary Panel?
Serious breaches of conduct
What percentage of Disciplinary Panel are RICS members?
50%
What are the penalties under the Disciplinary Panel?
- Issue a Compliance Order
- Unlimited fines (proportionate to breach)
- Impose conditions on future RICS registration
- Expulsion from membership / remove a firm
- Publication of result on Modus / RICS website
What happens at the Appeal Panel stage?
- Consider member/firms appeal against Disciplinary Panel outcome
- Review decision regarding existing and new evidence
- Can allow appeal, and vary penalty previous imposed
What percentage of the Appeal Panel are RICS members?
50%
When is the RICS likely to investigate social media posts?
- Discrimination
- Dishonesty
- Abusive threatening behaviour
- Bullying / harassment
What is a professional statement?
Mandatory RICS guidance
What is a guidance note?
Voluntary RICs guidance