Mandatory - Conduct Rules, Ethics and Professional Practice Flashcards

1
Q

What is ethics?

A

Moral principles that govern a person’s behaviour or conducting of an activity.

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2
Q

How do the RICS ensure that standards and quality are maintained in terms of both the conduct and advice provided by chartered surveyors?

A

RICS has rules of conduct for members and firms.

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3
Q

Why does the RICS have rules of conduct?

A

The rules provide a consistent approach to the service provided.
It maintains professional standards, governance and regulation.
Provides a framework for members act in a professional capacity at all times, focusing on ethics and delivering good service.
The rules help promote trust in our services to the general public. Security for clients knowing a chartered surveyor is acting in line with the charter and giving the most appropriate advice.

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4
Q

What are the rules of conduct for members?

A

New rules of conduct came into effect on 2nd February 2022.

There are five new Rules which have been updated to address challenges relating to sustainability, the use of data, and diversity and inclusion. The new Rules are based on the ethical principles of honesty, integrity, competence, service, respect, and responsibility.

  1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the 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 are 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 firms must 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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5
Q
  1. What are the rules of conduct for firms?
A

As above. The New Rules replace:
* The rules of conduct for members.
* The rules of conduct for firms.
* Global professional and ethical standards.

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6
Q

You attend a work social event and witness two colleagues acting in a way that could bring the firm into disrepute. What would I do?

A

Speak to the colleagues immediately and tell them to change their behaviour. Address their actions formally at work by reporting to a Director.

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7
Q

RICS Professional Standards – What types are there, and what is their status?

A
  1. Professional Statements – Mandatory requirements, along with details of regulatory interventions if these are not adhered to.
  2. Guidance Notes – not mandatory, but recommend best practise for tasks.
  3. Assessment of Professional Competence (APC) – Threshold of knowledge, requirements and guidelines for entry into the profession.
  4. Data Standards – Ensures technology and software can include RICS standards into the applications and outputs.
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8
Q

Why does the RICS have guidance notes? Do I need to follow them?

A

Guidance notes outline best practise within the profession and provide advice to surveyors on how to complete certain activities. It is best to follow this advice and stay up to date with any changes to the documents. I don’t have to follow them BUT if there is ever a claim brought against my work, the courts will review the guidance notes and check whether my actions were ‘best practice’ and if I acted competently.

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9
Q

What is the RICS Black Book?

A

A suite of guidance documents for best practice technical standards for QS and construction professionals. I have read these as part of my APC CPD and the fluctuations one was very helpful for my work at Exeter Cathedral.

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10
Q

What are the RICS ethical principles?

A
  1. Honesty
  2. Integrity
  3. Competence
  4. Service
  5. Respect
  6. Responsibility
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11
Q

How do I act with integrity?

A

Be trustworthy.
Be open and transparent with my work.
Respect confidentiality.
Don’t take advantage.
Don’t allow bias, conflict of interest or the influence of others to override my decisions.
Don’t accept things from people that may leave me susceptible to bribery or feeling obligated to act in a way that makes me uncomfortable.

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12
Q

Why is it important to act with integrity?

A

I’m representing both myself and the profession. Want people to think highly of both of us.
It’s one of the ethical standards.

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13
Q

What is the difference between ethics and integrity?

A

Ethics looks at the big moral picture and integrity is focused on personal characteristics.

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14
Q

How do I take responsibility?

A

Be accountable for my actions/ decisions.
Act with skill, care and diligence.
If someone makes a complaint about me, make sure they can use a complaint handling procedure.
If I think something isn’t right, be prepared to speak up.

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15
Q

How do I treat others with respect?

A

Be polite and courteous.
Be considerate to others and aware of circumstance.
Don’t discriminate.
Be mindful of unconscious bias.

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16
Q

How do I provide a high standard of service?

A

I provide the best possible advice and act within my scope of competence.
I complete work to a high standard and by deadlines.
Be transparent about fees, level of service and what work I am committing to.
Communicate regularly, openly and in a way that enables them to make informed decisions.

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17
Q

How do I promote trust in the profession?

A

Understand how my actions affect others and the environment.
Fulfil my obligations.
Work to the spirit of the professional standards, and not just carry out the bare minimum required.
Act in a trustworthy way – both professionally and privately.

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18
Q

How do I maintain a high ethical standard?

A

Keep learning and updating my knowledge/ skills. CPD.
Act in a trustworthy way – both professionally and privately.
Follow advice given by the RICS on ethical behaviour.
Help my company and clients develop and maintain ethical working practises.
Address unethical behaviour where appropriate.
Report unethical behaviour where appropriate.

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19
Q

What should employers do to provide an ethical environment?

A

Establish confidential procedures for whistleblowing, that doesn’t follow the normal organisational hierarchy.
Have an ethical evaluation section in performance reviews.
Make ethical standards part of hiring, contracts and ongoing training.
Become chartered with RICS.
Promote annual ethical CPD for all staff. Or whenever RICS updates professional standards.

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20
Q

What tools can I use to help me make ethical decisions?

A

The RICS decision tree. Read the Rules of Conduct.

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21
Q

What would I use the Decision Tree for?

A

Step by step practical advice on how to deal with an ethical issue I’m facing.
Using the prompts to ensure I’m dealing with a potential conflict in the correct manner.

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22
Q

What are the key areas of ethics in relation to my work?

A

Gifts, bribes, hospitality and inducement.
Equal opportunity, discrimination and harassment.
Conflicts of interest.
Money laundering and financial transactions.
Confidential information.
Fair competition.
Whistleblowing.
Environmental, community, political and social conflicts.

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23
Q

What should I consider if I find out a competitor is charging less than me on a job I am also bidding for?

A

Having inside information is a conflict of interest.
If I lower my quote to be competitive, can I actually deliver a quality service for the revised cost?

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24
Q

What does CPD stand for?

A

Continued Professional Development.

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25
Q

What are the CPD requirements for Chartered Surveyors?

A

A minimum of 20 hours per year, at least 10 hours of which must be formal.
Maintain a relevant and current understanding of RICS Professional and Ethical standards during a rolling 3-year period.

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26
Q

How is CPD recorded?

A

Via the RICS website or App.
Must submit their record by 31st January each year.

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27
Q

What is formal CPD?

A

Structured learning that has a clear learning objective and outcome.
- Training course.
- Structured online learning.
- Learning with an assessment.

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28
Q

What is informal CPD?

A

Self-managed learning that is related to my professional role.
- Private study.
- On the job training.
- Attendance at informal seminars or events.

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29
Q

How can I decide if CPD is formal or informal?

A

Use the RICS CPD Decision Tree.

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30
Q

What professional development have I done as part of my training?

A
  • Read the Black Books and RICS Standards.
  • In house training.
  • External/ online training.
  • Mock APC submissions/ interviews.
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31
Q

How will I select CPD in the future?

A
  • Look for areas I’m not confident about.
  • Look at issues affecting my role and the construction industry at the time.
  • Information relevant to projects I’m working on.
32
Q

How do I keep up to date with topical issues?

A

Read the news.
Read Modus and RICS website.
Discussions with colleagues and clients.

33
Q

Can I accept a gift from a client or contractor?

A

Occasionally – depending on the gift, whether it comes with a suggestion of future obligation from me. I would consult the ethics decision tree first, and then register it with my company if I were able to receive it.

34
Q

What would I need to consider when presented with a gift?

A

What is the value? Is it proportionate to our working relationship?
Is it being presented at a certain time – like right before a tender is being submitted?
Will it impede my ability to act impartially?
Have other people been given similar gifts?
Is it in line with RICS ethical standards?

35
Q

What is a conflict of interest?

A

Anything that impedes an individual’s or company’s ability to act impartially and in the the best interest of the client.

36
Q

What has the RICS published about conflict of interest?

A

Conflict of Interest Professional Standard, published March 2017. Effective from January 2018.

37
Q

What are the 3 types of Conflict of Interest listed in the RICS professional standard?

A
  1. Party Conflict – Where a QS or company is in a position where them working on behalf of one client conflicts with working on behalf of another client. Like acting on behalf of a developer and a contractor on the same project.
  2. Own Interest Conflict – Where a QS or company is in a position where working on behalf of one client conflicts with their own interests.
  3. Confidential Information Conflict – Where a QS or company is in a position where they need to provide information to a client, but another client needs them to keep that information confidential.
38
Q

Can I give examples of a conflict of interest?

A

Working for a developer and a contractor.
Representing a developer on a housing project where a family member owns the proposed land/ site.

39
Q

What is informed consent?

A

A QS is obligated to advise two of their clients that they are working in a position that places them in a conflict of interest. The clients must both give consent for the QS to continue in their role (if they want them to). A QS should only continue if they are satisfied that proceeding is still in the best interest of all parties and it’s not illegal.

40
Q

What action should I take if a conflict of interest arises?

A

Write to the client and disclose the nature of the conflict. Advise that I cannot continue to represent them unless they feel they can act 100% impartially and give written consent to continue (detailing the conflict to show they understand – informed consent).

41
Q

I am instructed to work on a job that involves the destruction of a nature reserve. I have very strong views about protecting the environment. What should I do?

A

Consider if I can work on the project without being biased.
Notify the client of a potential conflict of interest.
Respectfully decline the work if I can’t be unbiased. Offer it to someone else who might be more suitable.

42
Q

What is a bribe?

A

A gift, reward or promise designed so that the giver gains advantage or favour from you.

43
Q

What is the Bribery Act 2010?

A

Anti-bribery law covering 4 main offences:
- Bribing
- Being bribed
- Bribing a foreign public official
- Corporations failing to prevent bribery

44
Q

What are the six principles of the Bribery Act?

A
  1. Proportionality – the action taken should be proportionate to the risk and the size of the organisation.
  2. Top level commitment – Those in senior positions best placed to ensure people don’t succumb to bribery.
  3. Risk Assessment – Explore the possible exposure to bribery and mitigate.
  4. Due diligence – Have a risk based approach to those you do business with.
  5. Communication – ensure staff can communicate anti-bribery policies clearly.
  6. Monitor and review – be aware of change and continually monitor your position.
45
Q

Who does the Bribery Act apply to?

A

People working in the private and public sector.

46
Q

How do I comply with the Bribery Act?

A

I follow my company’s anti-bribery and corruption policy.
I would report any act of bribery to the Serious Fraud Office or National Crime Agency.

47
Q

What are the consequences of not adhering to the Bribery Act?

A

Individuals – Max 10 years in prison and unlimited fine.
Corporations – unlimited fine.

48
Q

What is money laundering?

A

The act of putting illegally gotten money through a business to make it seem legitimate.

49
Q

What should I do if I suspect money laundering?

A

Tell a Director.
Submit a suspicious activity report to the National Crime Agency.

50
Q

What regulation is associated with money laundering?

A

The Money Laundering and Terrorist Financing (Amendment) Regulations 2019.

51
Q

What would I do if a client gave me £500k in cash to make payments to a contractor?
Not accept it.

A

Ask them to put it in a bank – the bank checks it’s legitimately sourced.
Report them to the National Crime Agency if I thought it was dodgy.

52
Q

What is corruption?

A

Dishonesty or criminal activity undertaken by a person in a position of power for private gain.

53
Q

What is a price fixing cartel?

A

When multiple businesses all collude to fix high prices and increase collective profits.

54
Q

What is terrorist financing?

A

Raising or providing money with the intention of supporting a terrorist organisation.

55
Q

What is modern slavery?

A

Exploitation of vulnerable people for personal or commercial gain by making them work against their will.

56
Q

What legislation is there for modern slavery?

A

Modern Slavery Act 2015.

57
Q

Give some examples of modern slavery

A

Forced labour.
Debt or bonded labour.
Human trafficking.
Child slavery.
Forced marriage.

58
Q

How can I report modern slavery?

A

Call the police, Home Office or modern slavery helpline.

59
Q

What does PII stand for?

A

Professional Indemnity Insurance.

60
Q

What is PII?

A

Insurance for professional firms that covers them in the event of certain errors made during work. Such as negligence, errors, omissions, breach of professional duty and civil liabilities.

61
Q

What does the RICS say about PII?

A

All firms must be covered by PII.

62
Q

Why is PII needed?

A

Protects a firm from financial loss if it faces a claim it cannot cover.
Protects employees from liability of paying damages through errors made during work activities.
Ensures clients don’t suffer financial loss due to mistakes a QS might make.

63
Q

What’s the difference between an ‘any one claim’ and an ‘aggregate’ policy?

A

Both different levels of cover. Say the limit of the claim is £10m then:
- Any one claim means you can make multiple claims and each one can be to £10m.
- Aggregate means you can make multiple claims but the total can be to £10m.

64
Q

What is the Merrett v Babb court case?

A

Babb did a valuation of a house purchase for Merrett, whilst working as an employee of a company.
Valuation found to be negligent but the company Babb worked for no longer existed and the PII had been cancelled.
Court ruled that Merrett could pursue Babb as an individual for the losses.

65
Q

What are the minimum limits for indemnity?

A

Depends on a firm’s turnover:
£100k or less = £250k
£101k to £200k = £500k
£201k+ = £1m

66
Q

What measures should be taken to avoid PII claims?

A

Keep detailed records of meetings, conversations, recommendations, advice etc.
Use formal letters and follow contractual/ RICS best practise.
Follow RICS rules of conduct and company policies.
Don’t advise on something outside your area of expertise and knowledge.
Let Directors know if you’re overworked and give a project time/ due diligence.

67
Q

What is PII run off cover?

A

Covers the historic liabilities of a company after it has ceased trading.

68
Q

How long should the cover be in place?

A

A minimum of 6 years after the company has ceased trading.

69
Q

What should I tell the insurance company if I make a mistake?

A

Notify them ASAP.
Comply with the conditions set out in the insurance policy.
Advise the client.
Assess the level of mistake and a proposal for correcting it.

70
Q

What would I do if a friend asked me for advice, free of charge, outside of business hours?

A

I’d tell them it’s not a good idea because I’m not covered by PII and it’s a conflict of interest.
I’d recommend they contact my company and we’d find them an appropriate person to carry out the work.

71
Q

When and how can the RICS be involved in a complaint about a firm or member?

A

Only where a consumer raises an issue that is in the public interest, i.e. an ethical issue. RICS doesn’t actually get involved in the complaint between the consumer and firm - but they can apply disciplinary action against the former, e.g. expulsion from the profession!

72
Q

What are the rules around use of the RICS logo and ‘Regulated by RICS’ designation?

A

Use of the RICS logo has been restricted to members and regulated firms only. Previously a firm conducting surveying activities outside the UK was able to use the logo without being registered the firm had one chartered surveyor principal employee.

73
Q

Tell me about what you would do if you felt that an instruction was outside your scope of experience or knowledge.

A

Advise client that specialist advice needs to be considered. Contact relevant person for advice if necessary. Refer to more experienced colleague if appropriate.

74
Q

Tell me about an instance of when you have handled client’s money.

A

In my role I haven’t. But I understand that clients money needs to be in a client account, this needs to be separate of office money, all client account should include the work client and the name of the firm and that all money in the account needs to be immediately available to the client.

75
Q

How would you keep client’s money securely and safely held?

A

I would ensure that the money is kept within a client account or in the RICS Client Money Protection Scheme

76
Q

Tell me about how you would handle a client complaint.

A

Clear audit trail
Complaints handling procedure followed
Timescales

77
Q

Tell me about a time I have been offered a gift or hospitality?

A

Haven’t been offered any gifts or hospitality. Other members of staff have received wine, which went in a big draw and was shared amongst staff.