Ethics, Rules Of Conduct & Professionalism Flashcards
Why do we need RICS Rules of Conduct?
- gives client and public comfort
- they know surveyors would face disciplinary action if rules are breached
What is the importance of professional ethics?
- acts as anchor for appropriate behaviours
- ensures consistency and clarity irrespective of changing factors (different markets, state of economy)
Reasons for changes to RICS Rules of Conduct
- changed 2nd February 2022
- provide simpler structure
- gives clearer examples
- focus on respect, diversity and inclusion
- respond to and understand evolving technology
- emphasise the role of members expertise in tackling global challenges
RICS Rules of Conduct
1 - honesty and integrity
2 - act with competence
3 - provide good quality service
4 - respect, diversity and inclusion
5 - responsibility and public confidence
Example of Rule 1 - honesty and integrity
- don’t accept bribes if likely to skew opinion
- avoid conflicts of interest even if it costs the firm (don’t take instruction)
Example of Rule 2 - competence
- onus on employee and whole business
- ensure sub contractors are also competent
- undertake CPD to ensure compliant with RICS requirements
Example of Rule 3 - good quality service
- AML checks (RICS, HMRC and legal requirement)
- all information must be request from the start
Example of Rule 5 - public confidence
- respond to complaints promptly and professionally
- complaints handling procedure must have 3rd party dispute resolution
Members obligations to RICS (noted in ROC Appendices)
- comply with CPD requirements
- cooperate with RICS
- promptly provide information requested by Standards and Regulation Board
Firms obligations to RICS (noted in ROC Appendices)
- have complaints handling procedure
- have professional indemnity insurance
- have locum if sole principle
- cooperate with RICS
- promptly provide all information requested by Standards and Regulation Board
What does Professional Indemnity Insurance do?
- protects member/firm against financial loss
- protects against consequences of it’s liability to pay damages to 3rd parties
- mandatory for surveyors
- protects clients, surveyors and third parties against negligence claims (where claim for damages arises)
How long does professional indemnity insurance run off cover need to last?
Minimum of 6 years
Minimum level of indemnity insurance
£250k if firm turnover in previous year was £100,000 or less
£500k if firm turnover in previous year was £100,001 - £200,000
£1,000,000 if firm turnover in previous year was over £200,001
Note: if new firm, estimate turnover and adjust accordingly
Maximum level of uninsured excess
If previous year turnover is £10 million or less, then greater of 2.5% of sum insured or £10k
If previous year turnover is over £10 million then no limit (used to be 2.5% of sum insured but this updated April 2022)
What is run off cover?
Insurance cover required after a member stops practicing (EG they leave)
Must have it for at least 6 years but RICS recommend 15 years
Complaints Handling Procedure
- every firm must have this
- company specific (no template)
- must maintain complaints log
- Complaints Handling Officer
- They come back within 7 days
- Claim dealt with within 28 days
- If cannot resolve, go to third party
Note: third party can be:
- Ombudsman
- Centre for Effective Dispute Resolution (CEDR)
- RICS Dispute Resolution Service
Workman Complaints Handling Procedure
- located on The Hub
- aim to resolve with Workman staff member
- write to Head Office setting out details of complaint
- contacted within 7 days to confirm receipt and allocated person dealing
- contacted within 28 days to provide final response or update (provide within 8 weeks of initial complaint)
- if dissatisfied, contact Independent Property Redress Scheme
How should clients money be handled?
- systems should be controlled and protected
- account name should have ‘client’ in
- client money should be available on demand
Continuing Professional Development
- minimum 20 hours (10 formal)
- greater range available once qualified
- charity work, mock interviews etc
Conflicts of Interest
This is where an individuals judgement could be impaired
- may occur if advising seller/buyer simultaneously
- may be acting for two or more parties competing for an opportunity
- one Workman client selling to another Workman client (EG Norges to Blackrock)
Note: in latter, would declare conflict, request consent from both parties and work in different offices (info barrier)
Workman Conflict of Interest Check
- search TRAMPS to see if property already on there
- if not, reasonable to assume no previous involvement
- if on there, contact partners of relevant properties and they decide how to proceed
Note: if conflict, refer matter to Advisory Board and they confirm - either decline or accept on ‘informed consent’ basis. Information Barriers on EFS may need to be put in place by IT
Different types of Conflict of Interest
- Financial EG might gain/lose money depending on advice you give
- Personal EG relationship with the the third party
- Commercial EG obligations to commercial entity affects advice
- Firm EG financial interests of firm conflict with interests of client
Can you act for a family member or is this a conflict of interest?
- you can, not a conflict of interest
- even if personal interest, can still do this but relevant facts must be disclosed to any perspective purchaser or lesser
What are bribes dependent on?
- proportionality and common sense
EG client takes you to lunch for saying well done with RR - acceptable
EG gift offered to agents to say thanks for attending launch - acceptable
EG tickets to event during tender process - not acceptable! Bribe!
Bribery Act 2010
4 offences:
- bribing
- receiving bribe
- bribing foreign public official
- failing to prevent bribery
6 principles:
- proportionality
- top level commitment
- risk assessment
- due diligence
- communication
- monitoring and review
RICS President and CEO
- President: Ann Gray
- CEO: Richard Collins
Current RICS challenges
Climate change and sustainability
Recent initiatives for RICS
Use more technology in valuation
3 main roles of RICS
- Maintain highest standards of education and training
- Protect consumers through strict regulation of professional standards
- To be leading source of information and independent advice on property