RICS Flashcards

1
Q

Who are the current RICS officials?
(President, President Elect, CEO, Senior Vice President)

A

President - Tina Paillet

President Elect - Justin Sullivan

CEO - Justin Young

Senior Vice President - Nick Maclean

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2
Q

What is the RICS Motto

A

There is measure in all things

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3
Q

What year was the RICS Founded

A

1868

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4
Q

What is the structure of the RICS

A

Privy Council sits at the top
Followed by the Governing Council below
Tribunals, Boards and Committees sit below (Regulatory Tribunal, Regulation Board, Management Board, Audit Committee)

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5
Q

What is the role of the Governing Council

A

They set the Global Strategy
They ensure the RICS complies with Royal Charter requirements

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6
Q

What is the Royal Charter

A

It was granted in 1881 by the Monarchy
To promote the use of the profession to the public

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7
Q

Bichard Review
What is it & what are its outcomes

A

An independent review commissioned by the RICS Governing Board

It was commissioned following the Levitt Review and aimed to create a new sense of purpose and direction of the RICS

The review advised 36 recommendations. Some are

  • Commercial activity will be separated from other RICS activities
  • RICS Matrics should give younger members a stronger voice and a young member seat created on the Governing Council
  • A D&I and Sustainability Panel will be set up
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8
Q

What RICS initiatives are you aware of?

A

Lion heart - is the charity for RICS professionals, past and present, and their families

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9
Q

What RICS Memberships are there

A

Trainee (BSC)
Chartered Member
Associate
Fellow

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10
Q

Where do the Bye Laws sit?

A

There are 10 Bye Laws which sit under the Royal Charter
The 10 regulations sit under the Bye Laws

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11
Q

What do Bye Law and Regulation 5 relate to

A

The Rules of Conduct for firms and members

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12
Q

What are the 5 Rules of Conduct

A

They came into effect on 2nd Feb 2022
1. They must be honest, act with integrity and comply with professional obligations including obligations to RICS
2. They must maintain their professional competence and ensure services are provided by competent individuals
3. They must provide good quality and diligent service
4. They must treat others with respect and encourage diversity & inclusion
5. They must act in the public’s interest, take responsibility for actions and act to prevent harm and maintain public confidence in the profession

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13
Q

Explain your understanding of Rule Number 1

A

They should not allowa themselves to be influenced through gifts and hospitality

Identify conflicts of interest

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14
Q

Explain your understanding of Rule Number 2

A

They should only act for clients where they have the necessary skills and resources to carry out the work competently

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15
Q

Explain your understanding of Rule Number 3

A

They should understand the client’s requirements and agree scope of services prior to signing up to formal terms of engagement

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16
Q

Explain your understanding of Rule Number 4

A

Treat all fairly and elimate discrimination against protected characteristics

Firms should have anti-bullying and harassment policies in place

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17
Q

Explain your understanding of Rule Number 5

A

They must question practices and decisions

Process complaints promptly and professionally

18
Q

What are the RICS’ 5 principles of better regulation

A

PACTT
Proportionality.
Accountability.
Consistency.
Targeting.
Transparency.

19
Q

What is the RICS Ethical Decision Tree

A

Flow chart by RICS to help decide if something is ethical or unethical, to make decisions

e.g. is it legal and is it in line with the Rules of Conduct

20
Q

What are the professional obligations of members

A
  1. 20 hours CPD per year, with 10 hours being formal (Can use the CPD decision tree to decide)
  2. Must cooperate with RICS
  3. Provide info which has been requested by the Standards and Regulation Board
21
Q

What are the professional obligations of firms

A
  1. Produce complaints handling procedure
  2. Have adequate PII for previous and current work
  3. Sole principals must have arrangments in event of inability to work
  4. Cooperate with RICS
  5. Must provide requested information by the Standards and Regulation Board
  6. Must display on buisness literature that they are RICS Regulated
  7. Must report to the RICS any matter they are required to under the Rules for Registration of Firms
22
Q

What do you do if you see a member working outside the RICS code of conduct?

A

Confirm the facts, provide a polite reminder, report to the RICS if behaviour continues

23
Q

What do the RICS do when they receive an allegation against a member?

A

Inform the member and allow them 28 days to respond

24
Q

After an investigation, what action can the RICS take

A
  1. Fixed penalty (Fine)
  2. Consent Order (Written Agreement which has been reached about breach & amendments to make)
  3. Disciplinary Panel (Public panel)
25
Q

What is a consent order

A

Take a certain action or desist from taking a certain action
Pay a fine (up to £2,000 per breach)
Pay RICS’ costs

26
Q

Levitt Report

A

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 by £3m due to inaccurate cashflow forecasting

Levitt concluded that there was an internal power struggle due to its 2 board structure (Management Board & Executive Board)

Recommendations

The Governing Council are to have more oversight over internal dealings

The Governing Council are to oversee execs bonuses

Greater Transparency

27
Q

What is ethics, and how is it different to duty of care

A

Conforming to accepted moral standards
Duty of care is a legal requirement

28
Q

Why do you want to join the RICS

A

To be respected as RICS. I would be very proud to be part of an esteemed organisation. They also have CPD,Careers and networking support.

29
Q

If you become chartered how will you become involved?

A

I aim to attend RICS events and become a Supervisor/Counsellor and continue to promote the profession as per the RICS Rules of Conduct

30
Q

How would you become an Assessor

A

Assessor training and 3 years post MRICS

31
Q

What is a black book and provide an example

A

Guidance notes produced by the RICS, which illustrates best practice and technical guidance

Fave is interim valuations and payment as I refer to this when completing valuations

32
Q

What are the types of documents that RICS provide

A

Professional Statement (Mandatory)
Code of Practice (Mandatory or Good Practice)
Guidance Note (Best Practice)
RICS Information Paper (Information or Good Practice)

33
Q

What articles do you read and what have you read

A
  1. RLB - sends wins & opps and updates on intranet, Quarterly TPI updates, monthly business update
  2. RICS update, building magazine, the B1M videos
  3. Have specific articles in mind
34
Q

What to do for retirement

A
  1. Inform the RICS
  2. Inform your clients asap and make sure you have no outstanding appointments
  3. Ensure that all work is to be covered by another competant individual
  4. Have run off cover in place (Merit v Babb highlights the importance of this)
35
Q

What limitation periods (for negligence) are associated with underhand and deed forms of contract

A
  1. 6 years for underhand
  2. 12 years when executed as a deed
36
Q

What procedures must be followed when opening a new firm

A
  1. Contact the RICS for guidance
  2. Inform the RICS and register for regulation
  3. Appoint a contact officer for RICS communication
  4. Prepare a CHP
  5. Obtain PII
37
Q

What insurances are required for starting a firm

A
  1. PII
  2. Employers liability
  3. Public liability
  4. Building insurance for offices
38
Q

What information will an RICS regulated share annually

A
  1. Type of business
  2. Staffing
  3. Nature of clients
  4. Training
  5. CHP and records
  6. PI details
  7. Whether they hold client money
39
Q

What must a Complaints Handling Procedure (CHP) include

A

RICS provides a model form
1. Names and contact info of nominated investigating person
2. Complain must be investigated within 28 days
3. Complaints, progress and outcomes must be recorded
4. PI insurers need to be identified of a complaint immediately
5. The process must have 2 stages
a. Complaint to be considered by senior firm member or CH officer
b. If the issue isn’t resolved, it needs to go to an independent third party to award redress

40
Q

What makes an effective complaints handling procedure and who should the procedure be shared with

A

It should be shared with staff, clients and professional indemnity insurers
It should be compliant with the RICS requirements and Professional Indemnity Insurers
It should be regularly reviewed to ensure that it remains compliant

41
Q

What is an independent redress scheme

A

A consumer scheme to handle small issues out of court
The firm must specify what redress scheme they want - ombudsmen, arbirtation, adjudication
1. The judges decision is binding
2. If it’s in favour of the firm, the complaint can be taken to court