Mandatory - Ethics, Rules and Professional Conduct (L3) Flashcards
When was the RICS founded? When did they receive Royal Charter?
The Royal Institute of Chartered Surveyors was founded in 1868. They received their royal charter in 1881.
What are the four membership levels (starting with the most junior)?
- Trainee Member
- AssocRICS
- MRICS
- FRICS
How do you become a Fellow of the RICS? (4)
You must submit evidence of achievement of four fellowship characteristics, which are:
- 5 years or more as an MRICS
- A leadership role in the industry
- Professional / Technical / Academic Achievement
- Raising the profile of the RICS
Who is the current President of the RICS?
Justin Sullivan, Acting President Nick Maclean
Who is the current CEO of the RICS in the UK?
Justin Young
What is the Governing Structure of the RICS?
The Governing Council is in charge of the management of the RICS. Consists of 26 members.
What are the major challenges currently facing the RICS and initiatives to address these?
Diversity & Inclusion: started to collect demography data in UK & Ireland for benchmarking and target setting
Sustainability: Granted observer status for COP28 in Dubai.
Rebuilding trust in the profession for both members and public.
What are the THREE main roles of the RICS? (MPL)
- Maintain highest standards of education and training
- Protect consumers through strict regulation and professional standards
- To be the leading source of information and independent advice in the field
What do you know about The Bichard Review?
The Bichard Review was an independent review of the RICS’ purpose, governance and strategy.
Following consultation, Bichard made recommendations to create a clearer and more simplified structure including creation of Management Board and Standards & Regulation Board.
Why do you want to become a Chartered Surveyor? (CCN)
I would like to become a member of the Royal Institution of Chartered Surveyors because it would provide me with increased credibility in the eyes of my clients, help me maintain and further my professional competency, and provide me with access to a network of 140,000 property professionals worldwide
Mentioned in summary of experience
What are the 5 RICS Rules of Conduct (2022)? (HCSRP)
- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS
- Members and firms must maintain their professional competency and ensure that services are provided by competent individuals who have the necessary expertise
- Members and firms must provide good-quality and diligent service
- Members and firms must treat others with respect and encourage diversity and inclusion
- Members and firms must act in the public interest, take responsibility for their actions and maintain confidence in their profession
What’s the Role of the RICS, according to the RICS Rules of Conduct (2022)?
Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage, and the practice of surveying is defined as including ‘securing the optimal use of land and its associated resources to meet social and economic needs’.
What are the benefits of being a RICS Regulated Firm?
The RICS State three benefits of regulation for firms: “CPS”
- Confidence - for clients as regulated firms are controlled by RICS Regulation.
- Professionalism – firms will have to provide clear, impartial and expert advice.
- Security – firms have to have a recognised complaints handling procedure, access to free independent redress and PII cover.
What are the requirements for registration as a RICS Regulated Firm?
- After April 2020, the criteria require firms to have at least 25% of their principals as RICS qualified, and there is the requirement for a responsible principal to provide accountability and engagement with RICS standards and regulations.
- Firms can be corporations, limited liability partnerships or sole practitioner, partnerships.
- There are strict rules on the use of the RICS logo. Firms that are registered have to use the “Registered by RICS” designation.
- Firms that provide a surveying service to the public are required to register for regulation to ensure there is a benchmark of quality for all firms.
- Regulation provides a Gold Standard of quality for clients
Is your firm regulated by the RICS, and if so what level of PI insurance do you have?
Yes - cover in the form of three liability caps:
up to £5m
up to £10m
up to £20m
Extra cover can be bought for assets above this
If a breach of Conduct is Referred to the Disciplinary Hearing, what penalties can be Imposed on the Breaching Party?
Referral to the Disciplinary panel is used for more serious breaches, the head of regulation can consider that a hearing is required under the discipline rules, 50% of this panel are lay members (i.e. not RICS). Penalties can be:
- Issue a consent order
- Impose an unlimited (but proportionate) fine for each breach.
- Conditions on Continued Membership of the RICS.
- Expulsion from Membership or Remove a firm.
- Require publication of the results of a hearing in Modus magazine, on the RICS website and in the local newspaper of the area where the offending firm is located.
Rank RICS Regulation, and state whether they are Mandatory or Voluntary
Professional Standards
Practice Information
MRSKN
What are the key benefits of being an RICS member?
- Market Advantage
- Recognition
- Status
- Knowledge
- Network
What must you include in the Terms of Engagement prior to starting work on an instruction?
There must be a written agreement with the client on:
- The fee due
- How expenses are to be treated, including how they are to be calculated
- A copy of the firm’s complaint handling procedure will be available on request.
Where would it be stated the level of Professional Indemnity Cover that you intend to offer your client?
In the terms of business, that are to be agreed before the instruction is undertaken.
What 3 things should you do prior to undertaking an instruction? (CCT)
You should check that there are no personal or professional conflicts of interest in accepting the instruction, ensure that you are professionally competent to complete the instruction, and confirm terms of engagement in writing prior to beginning work on the project.
What did the RICS publish on Conflicts of Interest?
The RICS published a global professional statement: “RICS Professional Statement on Conflicts of Interest (2017)”
Mentioned in summary of experience
In what circumstances might a conflict of interest not cause you to decline an instruction?
If you identify a conflict but believe that despite the conflict it is in the best interests of all those involved for you to proceed with the instruction and you have the informed consent of your client, then you may proceed despite the conflict
According to the RICS Global Professional Statement on Conflicts of Interest, 2017, what three types of conflict might arise?
- Party Conflict – work on same or related instruction between two parties
- Own Interest Conflict or Personal Conflict
- Confidential Information Conflict relating to work between two parties which is confidential