Hot topics Flashcards
What are the general requirements regarding Professional Indemnity Insurance set by the RICS?
The policy cover must be made on an ‘each and every’ claim basis.
The RICS sets out the minimum levels of indemnity.
The policy must be fully retroactive.
The RICS sets out the maximum levels of uninsured excess.
Run off cover must be in place.
The policy should cover past and present employees, directors and partners.
What is the RICS futures report?
In 2015 the futures report was launched and highlighted key trends such as urbanisation, the disruption of big data and the climate crisis as presenting key challenges to the property and construction industries. Since 2015 the RICS have analysed these trends by engaging with the profession to keep its members best informed on how to address these key issues.
- Construction produces the second largest amounts of data behind financial
services however it is estimated that 95% of this is currently wasted. The RICS is setting up an innovation and technology hub to provide a centre of expertise on how data can be put to good use. - The rapid urbanisation in China was also highlighted where formation of mega-cities is creating key challenges. The amount of land classed as urban has doubled since 2000 resulting in polluted, congested and expensive areas. The RICS aims to encourages it members working in these regions to adopt a more sustainable approach to the development of these areas through utilsation of outer urban areas.
- The rapid increase in the use of drones within the industry was also highlighted as presenting key challenges in terms of compliance issues for surveyors taking into account current and emerging regulatory trends, national and international legislation standards. The RICS has developed online courses to support surveyors in this area to ensure the technology is being utilised efficiently, safely and legally.
What is the RICS Levitt Report?
The Levitt Report was commissioned by the RICS following a Treasury management audit in 2018.
Prior to the Audit the RICS had to extend its overdraft facility by circa £3m due to inaccurate cashflow forecasting.
The treasury management audit offered a ‘no assurance verdict’ on RICS internal financial control procedures and following this the Levitt report was commissioned as an independent review.
The conclusion of the Levitt report illuded to an internal power struggle due to its two board structure made up of a Management Board and Executive Board.
Following the report, the RICS accepted each of Levitt’s recommendations including:
The RICS Governing Council are to have more oversight over internal dealings of the RICS.
The RICS Governing Council are to be briefed by the Management Board as opposed to a single CEO.
The RICS Governing Council are to oversee executive management bonuses.
The report called for greater transparency as the CEO could have involved the
management board in order to rectify the treasury issues.
No evidence of improper or illegal conduct was discovered.
Are you aware of some of the aims highlighted within the RICS Business Plan for 2021-22?
Following acceptance of the Levitt Report recommendations in full the RICS looks to:-
Be more open and transparent with members and the public about the operation of the institution including decision making and finances.
Developing and implementing new, more effective, internal whistleblowing arrangements
Reviewing the arrangements for senior executive reward.
Continue to support the profession as economies recover from Covid-19 and seek to minimise any increases in the cost of subscription levels.
Utilise any surplus in cash generation to pay back furlough monies received via the UK government’s Coronavirus Job Retention Scheme.
Reduce RICS’ need to access external financial support
Reduce any funding deficit in the closed Final Salary Pension Scheme.
What are the New Rules of Conduct?
Rule 1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
Rule 2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
Rule 3. Members and firms must provide good-quality and diligent service.
Rule 4. Members and firms must treat others with respect and encourage
diversity and inclusion.
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.
Talk us through your understanding of the changes?
The Rules of Conduct October 2021 Global Practice Statement will overhaul the previous separate documents:
Rules of conduct for Members.
Rules of Conduct for Firms.
Global Professional and Ethical Standards.
Appendix A of the Rules of Conduct now contains the professional obligations
of Members and Firms.
Explain your understanding of Rule Number 1?
Having reviewed the example behaviors in adhering to Rule 1 RICS Members and firms should not allow themselves to be influenced improperly through the acceptance of work referrals, gifts or hospitality.
Members and Firms must also be sure to identify conflicts of interest and not provide services or advice where these conflicts of interest occur.
This could be a scenario where you have reduced impartiality due to an existing relationship, for example being friends with a Main Contractor who has subsequently been selected to submit a tender would form a conflict of interest.
Explain your understanding of Rule Number 2?
To ensure compliance with Rule 2, Members and firms must only act for clients where they have the necessary knowledge, skills and resources to carry out the work competently.
Firms must supervise any employees or subcontractors undertaking work on their behalf, for example requesting that a Junior Surveyor undertakes a complex valuation due to resourcing issues would create problems in achieving compliance with this Rule. Instead an experienced and suitably qualified surveyor should be asked to undertake the valuation.
Explain your understanding of Rule Number 3?
As an RICS member or regulated Firm we must also be sure to understand a clients’ project specific requirements before acting on their behalf. The clients’ scope of services should be agreed along with any exclusions and timescales for achieving each of the deliverables before signing up to formal terms of engagement.
Explain your understanding of Rule Number 3?
As an RICS member or regulated Firm we must also be sure to understand a clients’ project specific requirements before acting on their behalf. The clients’ scope of services should be agreed along with any exclusions and timescales for achieving each of the deliverables before signing up to formal terms of engagement.
Explain your understanding of Rule Number 4?
The RICS also expects its members to respect the rights of others and treat others with courtesy.
We need to ensure that everyone is treated fairly and look to eliminate any instances of discrimination on the basis of age, disability, gender, pregnancy, race, religion or sexual orientation.
RICS members and firms also need to adopt a no tolerance policy of bullying or harassment.
Explain your understanding of Rule Number 5?
Members and firms are required to question practices and decisions that they suspect are not right and raise concerns with colleagues, senior management, clients or the RICS.
When making public statements we need to ensure these do not undermine public confidence in the profession.
When receiving and processing complaints, we need to ensure these are dealt with promptly, openly and professionally.
In complying with Rule 5, a useful sense check to ensure compliance is to ask ourselves if we would be comfortable in standing behind our actions if these were brought into the media or a public forum.
What are the professional obligations of members?
1. Members must comply with the CPD requirements set by the RICS which requires 20 hours of CPD for each calendar year, 10 hours of which must be formal CPD.
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.
What are the professional obligations of firms?
1. Firms must publish a complaints-handling procedure, which includes an 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 professional indemnity cover that meets the standards approved by RICS.
3. Firms with a sole principal 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 that 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.
What key challenges does the Global Economic Recession present to your area of surveying?
Rising inflation rates of around 10-11% have resulted in the Bank Of England increasing the base interest rate which has subsequently caused a large increase in borrowing costs. This has slowed down the property market and there is a risk of recession which has affected confidence.