Rules of Conduct

Question 1

What is Rule 1 of the ROC?

Answer 1

Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

Question 2

What is Rule 2 of the ROC?

Answer 2

Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Question 3

What is Rule 3 of the ROC?

Answer 3

Members and firms must provide good-quality and diligent service.

Question 4

What is Rule 4 of the ROC?

Answer 4

Members and firms must treat others with respect and encourage diversity and inclusion.

Question 5

What is Rule 5 of the ROC?

Answer 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.

Question 6

The RICS Rules of Conduct are based on what ethical principles?

Answer 6

Honesty, Integrity, Competence, Service, Respect and Responsibility

Question 7

Under its Royal Charter, RICS is required to maintain the usefulness of the profession for the public advantage. What does the practice of surveying involve?

Answer 7

‘securing the optimal use of land and its associated resources to meet social and economic needs.’

Question 8

Who needs to comply with the new Rules of Conduct?

Answer 8

Applies to all members and firms regulated by RICS.

Question 9

What guides our conduct?

Answer 9

Both rules and principles have a role to play in regulating conduct and promoting good professional behaviour.

Question 10

RICS definition of Integrity. Reflect, society

Answer 10

reflect the higher standards which society expects from professional persons.

Question 11

What are reasons for for having a professional code of ethics?

Answer 11

Improve ethical decision making
remove the risk involved with ethical decision making.

Question 12

What does the professional code of ethics serve to do?

Answer 12

Guide ethical/professional behaviour
Ensure consistency in decision making
Set levels of professional expectation
Help to promote trust from the public
Help to promote confidence in decisions/behaviour from stakeholders
Provides a justification for a particular course of action
Provide protection in alleged cases of misconduct
Serve as a point of reference in disciplinary proceedings
Ensure that decisions are unbiased/not overly subjective
Sets professional standards for all across the board
Promotes an ethical culture/ethos within the profession

Question 13

What are the ideas of a social contract?

Answer 13

The basic idea of social contract is that the permission of certain agents (such as the state) to act or not act in certain ways arises from an initial contract (real or hypothetical) made between all members of society and that agent.

Question 14

How does the social contract apply to surveying?

Answer 14

Must act in the public interest and act to prevent harm and maintain public confidence

Question 15

What dates are the Rules of Conduct effective?

Answer 15

October 2021
Effective 02 February 2022

Question 16

Give an example of Rule 1?

Answer 16

Do not take unfair advantage

Question 17

Give an example of Rule 2?

Answer 17

Comply with CPD, 20 hours atleast 50% formal

Question 18

Give an example of Rule 3?

Answer 18

Understand client needs and objectives before accepting professional work

Question 19

Give an example of Rule 4?

Answer 19

Respect others and treat them with courtesy

Question 20

Give an example of Rule 5? Concerns

Answer 20

Raise concerns in good faith to do so

Question 21

What are the members obligations to RICS?

Answer 21

Comply with CPD
Cooperation with RICS
Provide information promptly

Question 22

What are a firms obligations to the RICS?

Answer 22

Complaints handling
Professional indemnity insurance
Sole principal arrangements
Cooperation with RICS
Provide information promptly
Regulation by RICS

Question 23

I’ve advised my client on the market rent for their property, but they want me to make an opening offer in negotiations with the other party that is higher, even though the tenant is a charity.
Can I do this under the Rules?

Answer 23

RICS members can negotiate on behalf of clients.
Be clear about when you are giving professional opinion and when you are acting as an advocate.
Don’t bully the other side or take unfair advantage of vulnerability.
In the absence of any provision in legislation in a specific circumstance, clients who own property in a market economy are entitled to ask any rent they consider appropriate from a tenant.
There is a public interest in those clients being advised by an appropriately qualified professional as this protects the client and other stakeholders.
Professional work should be done diligently in accordance with a client’s instructions.

Question 24

Do I have to refuse to act for a developer seeking to build where the local community objects to the project because I need to act in the public interest?

Answer 24

Acting in the public interest doesn’t mean that you can’t help clients do something that members of the public object to or might disagree with.
There is a public interest in developers having independent professional advice.
You would have to act to prevent harm or a risk of serious harm.
In most countries there will be a planning or licensing process that will consider competing rights before allowing development, and there is a public interest in developers having access to advice from properly qualified professionals.

Question 25

My client is renovating their properties but they are on a tight budget. Do I have to refuse to work for them if they won’t take the most energy efficient approach to the renovations?

Answer 25

Members and firms should help clients achieve their aims within their budget. Providing advice and options that consider a range of benefits, and thinking about long-term costs and effects is good for clients. The Rules expect you to offer advice, not to force the client to act in a way they do not want.

Question 26

I’ve seen some social media content posted by an RICS member that worries me. Do I have to report it to RICS?

Answer 26

Comments on social media should be made in good faith but can be critical of people or institutions, if the language used and context is professional and appropriate. Comments that discriminate against people for improper reasons, for example their sex, race, religion or gender, are likely to damage confidence in the profession. Dishonest, offensive, bullying or harassing content is likely to breach the Rules of Conduct.

Question 27

I’ve got an opportunity to do a new type of work. I’ve some of the knowledge and enthusiasm I need and can do some training to get the rest, but I’ve never done this type of work before. Am I allowed to take up the offer?

Answer 27

You must work within the limits of your competence. If you have the knowledge, skills and resources you may be able to take on new areas of work without having direct experience in the area. Doing the work, rather than referring the client to someone else, must be in the interests of the client. You must be open and honest with the client about the level of your experience. Make sure you have PII that covers the area of work you are looking to take on.

Question 28

I’ve recently completed a valuation report. The client wanted a higher number and my employer has asked me to increase the valuation figure in my report. The increase they want is within 10% of my number and they are an important client. If I don’t change it, I think they’ll just ask a more junior colleague to re-do the valuation. Should I just change the number to keep the client happy?

Answer 28

Your professional opinion needs to be honest and objective. Commercial pressure or client desires are not good reasons to change your professional opinion. You should protect other professionals from pressure to change their opinion and not revise other professionals’ work without legitimate professional reason.

Question 29

My firm has information about a property that is confidential to client A, but would be relevant to the valuation of a property for client B. Can I use this without breaching confidentiality?

Answer 29

Look at technical standards to establish what information is material and must be shared. Consider whether you can share material information without breaching confidentiality. If you would be breaching confidentiality, apply the processes for a resolving a conflict of interest. If data is sourced through some form of digital process, consider the appropriate level of due diligence needed. Rules and behaviours

Question 30

I’ve accidentally sent a spreadsheet with confidential information about some clients to a surveyor in a competitor firm. What should I do?

Answer 30

Consider whether the information is personal data protected by legislation, or information that is confidential for some other reason (for example your terms of engagement with your client). Follow proper procedures to report the breach, including to clients and to regulators where necessary. Identify what you could do differently to reduce the risk of the same thing happening again. Destroy confidential information that is sent to you accidentally.

Question 31

In the course of working for a client, I’ve found evidence they are breaking the law by dumping hazardous waste instead of disposing of it properly. What should I do?

Answer 31

Consider whether the risk of serious harm outweighs your duty of client confidentiality. Check whether you have any legal obligations to disclose. Seek advice if you can do so safely. Document your decision making. Consider whether to stop acting for the client.

Question 32

I was part of an interview panel for a trainee role with our firm. When we scored the candidates after interviews, I thought we had agreed on the strongest candidate based on their interview and CV. I’ve just found out that the role has been offered to one of the weaker candidates whose father plays golf with our director. When I asked the hiring manager about this, thinking that other candidates might have turned the role down, she said “I was told the candidate we wanted wouldn’t have been a good fit for our company”. Do I need to do anything?

Answer 32

Recruitment decisions should be based on competence demonstrated not on irrelevant factors. Discrimination against individuals on improper grounds, for example sex, religion or age may be a breach of the Rules and may need to be reported. Talk to senior people or HR in your firm about improving recruitment decision-making and ensuring diversity and inclusion.

Question 33

I am a member of RICS and the director of a property development company that does not provide surveying services to the public. We have just discovered that one of my co-directors has been misappropriating money that should have been paid to contractors. We have realised that our controls and record keeping were not good enough because this went unnoticed for so long. We are now going to have to go into liquidation. There are a lot of angry people owed money by the company. What happens if they complain to RICS?

Answer 33

The Rules of Conduct apply to members outside their professional practice where their conduct could damage public confidence in the profession. RICS would consider whether personal or other business conduct was connected to professional practice or professional standing, and whether allegations were serious.

Question 34

I am a sole principal. One of my clients needs some specialist work done on their property. My property manager wants to recommend a company to do the work but it is owned by my sibling. This is their company’s area of expertise and they are well regarded, but I am worried that this is a conflict of interest. What should I do?

Answer 34

Use Conflicts of interest, RICS professional statement, to help identify conflicts of interest. Be open and transparent with clients where they could perceive a conflict of interest. Have processes in place to record the personal interests of principals to ensure that possible conflicts are identified and considered.