Ethics, Rules Of Conduct & Professionalism Flashcards

1
Q

What is the meaning of the RICS Motto?

A

‘Est Modus in Rebus’
‘There is measure in all things’.

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2
Q

What is the Mission Statement of the RICS?

A
  • To qualify and equip their members to offer the highest standards of professional service.
  • To promote and enforce standards
  • To lead solutions to the major challenges facing the built environment through professional expertise.

This mission highlights the RICS’s commitment to professional excellence in the built environment.

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3
Q

When was the RICS founded?

A

1868

The founding of RICS marks its long-standing presence in the field of professional standards.

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4
Q

How is the RICS Structured?

A
  • Self-regulated and internally monitored, meaning it is not regulated by the Government or external parties.
  • Bye Laws determine regulation
  • Governing council manages strategy
  • Regulatory board, audit committee, and management board execute strategy.

This structure ensures that RICS maintains its independence and adheres to its internal standards.

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5
Q

What are the RICS’ 5 Principles?

A

*Proportionality
*Accountability
*Consistency
*Targeting
*Transparency

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6
Q

What is the difference between RICS ethics and rules?

A
  • Ethics are a set of moral values
  • Rules of Conduct are a framework that we work to.
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7
Q

How many Global Professional and Ethical standards are there?

A
  • Up until 1st February 2022 - 5
  • From 2nd February 2022 - consolidated within the New Rules of Conduct 2022
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8
Q

What are the New Rules of Conduct?

A

Rule 1 - Be honest and act with integrity and comply with their professional obligations, including obligations to RICS.
Rule 2 - Maintain their professional competence and ensure that services are provided by competent individuals
Rule 3 - Provide good-quality and diligent service
Rule 4 - Must treat others with respect and encourage diversity and inclusion
Rule 5 - Act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession

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9
Q

Why did the previous Rules of Conduct Change?

A
  • Previous rules in place since 2007
  • A simpler structure
  • Clearer examples
  • Focus on respect, diversity and inclusion
  • Understanding evolving technology
  • Tackling global challenges
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10
Q

Talk us through your understanding of the Rules of Conduct changes?

A
  • Replace several documents
  • Developed to support members
  • Reflect existing good practice
  • Support members and firm understanding
  • Apply to members and firms globally
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11
Q

What are the professional obligations of members?

A
  • Must comply with CPD requirements (20 hours per calendar year, 10 of which formal)
  • Cooperate with RICS
  • Promptly provide all information requested by the Standards and Regulation Board
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12
Q

What are the professional obligations of firms?

A
  • Must publish a complaints-handling procedure
  • Ensure all previous and current professional work is covered by Professional Indemnity Insurance
  • Make appropriate arrangements for their professional work to to continue in the event of incapacity, death, absence from or inability to work
  • Cooperate with RICS
  • Promptly provide all information requested by the Standards and Regulation Board
  • Firms must display on their business literature a designation to denote that they are regulated by RICS
  • Must report to RICS any matter required under the Rules for the Registration of Firms
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13
Q

Why does the RICS have Rules of Conduct?

A
  • Provide a framework we can all work to and client knows they are getting a set level of service
  • Useful guide for institutions and individual institution members.
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14
Q

You find out a member is working outside the RICS Rules of Conduct. What do you do?

A
  • Verify facts and confront them, reminding of their duties as a member of RICS
  • Inform RICS and specify my relationship to the person and any corrective action I believe is committed to put in place
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15
Q

In the case of a breach of a rule of conduct what is the procedure?

A

*Not every shortcoming gives rise to proceedings
* Formal investigation by Head of Regulation
* RICS can request information and/ or visit and inspect to investigate compliance
*Must cooperate fully with all enquiries

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16
Q

How can disciplinary proceeding be triggered?

A
  • Someone complaining to RICS
  • Allegation by a client or third party
  • Information received or established by RICS
17
Q

What three actions can be imposed after the end of the investigation stage?

A
  • Fixed penalty
  • Consent order
  • Disciplinary panel
18
Q

What are fixed penalties?

A

A fine by RICS

19
Q

What are consent orders?

A

*Written agreement between RICS and a member/ firm concerning disciplinary issue
*Require the member/ firm to take certain corrective actions, or restrain them from taking certain actions for a specified period of time and potentially pay a fine.

20
Q

When is a disciplinary panel applicable?

A
  • More serious breaches of conduct
  • Usually be held in public
  • Burden of proof is on RICS
  • Balance or probabilities will be adopted
21
Q

What sort of breaches would expulsion be suitable for?

A
  • Gross, persistent or willful failure t comply with RICS Rules of Conduct
  • Fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliberate discrimination, misappropriation of a client’s money.
22
Q

What procedure must you follow if you are starting up a new practice?

A
  • Contact RICS for guidance and obtain a company start up pack
  • Inform RICS and register for regulation
  • Appoint a contact officer for all RICS communication
  • Prepare a Complaints Handling Procedure
  • Obtain Professional Indemnity Insurance
  • Abide by the RICS Rules of Conduct
  • Use the designation ‘Regulated by RICS’ on all practice material.
23
Q

Would you advertise your new company in the press?

A

Yes - as long as it is in a trustful and responsible manner in line with the Rules of Conduct

24
Q

What insurance would you need if you were starting up your own firm?

A
  • Professional Indemnity Insurance
  • Employers Liability
  • Public Liability
  • Building’s Insurance of an office premises
25
What sort of information do registered firms have to send to the RICS annually?
* Annual return - completed online * Includes type of business and staffing * Nature of clients * Training provision * Complaints Handling Procedure details and records * PII details * If the firm holds clients' money
26
What processes do regulated firms need to put in place when handling Clients' money?
* Preserve the security of clients' money which does not belong wholly to the company * Set clear segregation of duties for employees * A principal oversees the client money accounting functions * Principles cannot override controls * Competent and knowledgeable staff are to process clients' money with cover provided for long term absence * Accounting systems and date must be secure * Client money must be kept separate clearly identifiable with the word 'client' included in the bank account name * Clients must always have access to funds * Must agree the terms and advise the client on bank details * The account must not be overdrawn * Must maintain client ledgers and provide a running balance
27
What are the different types of client money accounts?
* General accounts hold money for more than one client. * Discrete accounts reference a single names client
28
What is meant by the term 'Negligence'
Negligence is failure to provide a duty of care that is owed to the client
29
Tell us about the Merrit V Babb case law?
* A surveyor sued for negligence by a former client * Firm no longer in existence therefore individual surveyor was pursued for damages successfully * Highlighted the need for 'run-off' cover for all previous employees
30
What limitation periods are associated with underhand and deed forms of contract?
* 6 years when executed under hand * 12 years when executed as a deed
31
What must a complaints handling procedure include?
* RICS provide a model form *Stage 1 - Consideration of complaint by senior member or complaints handling officer * Stage 2 - If not resolved, referred to independent third party with the authority to award redress * Redress mechanism * Issued to client with Terms of Business * Must be clear, quick, transparent, and impartial and free of charge within the first stage * Contact details of the nominated investigation person * Complaint to be investigated within 28 days * Progress and outcomes must be recorded * Advise PI insurers of a complaint immediately