SoE - Ethics, rules of conduct and professionalism

Question 1

What are the RICS 5 Rules of Conduct?

Answer 1

Rule 1: Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS.
Rule 2: Members and firms must maintain their professional competence and ensure that their services are provided by competent individuals who have the necessary expertise. Rule 3: Members and firms must provide a 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 the public confidence in the profession.

Question 2

What are the professional obligations of members and firms?

Answer 2

Members obligations to RICS:
- Members must comply with the CPD requirements set by RICS
- Members must cooperate with the RICS
- Members must promptly provide all information reasonably requested the Standards and Regulation Board, or those exercising delegated authority on its behalf.

Firms’ obligations to the RICS:
- Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by the RICS and maintain a complaints log.
- 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 the RICS.
- 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.
- Firms must cooperate with RICS.
- Firms must promptly provide all information reasonably requested the Standards and Regulation Board, or those exercising delegated authority on its behalf.
- Firms must display on their business literature, in accordance with the RICS’ published policy on designations, a designation to denote that they are regulated by RICS.
- Firms must report to RICS any matter they are required to report under the Rules for the Registration of Firms.

Question 3

Where are the professional obligations found?

Answer 3

In Appendix A of the Rules of Conduct, published October 2021 and effective from February 2022.

Question 4

What is a conflict of interest?

Answer 4

A conflict of interest arises in a situation where there may be an actual, perceived or potential risk that the professional judgement of an RICS-regulated firm or member will be compromised when undertaking an assignment.

Question 5

What types of conflict are there?

Answer 5

*A ‘party conflict’ – a situation in which the duty to act in the interests of a client or other party in a professional assignment conflicts with a duty owed to another client or party in relation to the same or a related professional assignment.
* An ‘own interest conflict’ – a situation in which the duty to act in the interests of a client in a professional assignment conflicts with the interests of that same RICS member/firm.
* A ‘confidential information conflict’ – a conflict between the duty of an RICS member to provide material information to one client, and the duty of that RICS member to another client to keep that same information confidential.

Question 6

Why would you identify a conflict of interest?

Answer 6

The most important reason for avoiding conflicts of
interest is to prevent anything getting in the way of your
duty to advise and represent each client objectively and
independently, without regard to the consequences to
another client, any third party, or your own interests and
that the clients and in turn the public can be confident you
are doing so.

Question 7

What is an information barrier or ‘Chinese wall’?

Answer 7

The physical and/or electronic separation of individuals (or groups of individuals) within the same firm that prevents confidential information passing between them.

Question 8

You have identified a conflict of interest; what are your next steps?

Answer 8

You should always consider whether your proposed course of action might:
* reasonably be perceived to imply a lack of integrity
* cause embarrassment to your profession or
* mean that you are unable to advise and represent each client objectively and independently.

If there is a material risk of your proposed course of action having such an effect, you must not proceed.

Question 9

Is there an instance when you might proceed even though a conflict of interest has been identified?

Answer 9

The Conflict of Interest professional statement does not allow you to choose whether you can proceed despite a Conflict of Interest or a significant risk of one: it prohibits you from proceeding, unless you obtain prior Informed Consent from all affected parties.

Question 10

What is informed consent?

Answer 10

Consent is given willingly by a party who may be affected by a conflict of interest to proceed, in the understanding that:
- there is a conflict of interest or a significant risk of one,
- all the facts known by the RICS member/firms advising the party
- what the conflict of interest is or may be
- the conflict of interest may affect the ability of the RICS member/firm to advise or act fully in the interests of the client.

Question 11

What is your firm’s gifts and hospitality policy?

Answer 11

The Company requires you to not use your official position to receive gifts, hospitality or benefit of any kind which might reasonably be seen to compromise the Company’s position or your personal judgment and integrity.

A register of gifts and hospitality shall be kept for any gifts or hospitality received and accepted or declined. Gifts and hospitality over £500 should be recorded in the Gift and Hospitality Register
irrespective of whether accepted or declined. No gifts should be accepted where they may appear to be disproportionately generous or could reasonably be construed as an inducement to affect a business decision. Under no circumstances should gifts of cash be accepted.

All gifts accepted must be declared and it will be at the Company’s discretion whether to claim the gift and pool it at a later date (i.e. in a Company or charity raffle) or to allow the individual to retain
it.

You should only accept invitations to lunch or dinner from an external organisation where the primary reason for accepting an invitation is to discuss business matters where the venue and hospitality are not in themselves an inducement to accept the invitation or the purpose of the invitation.

It is recognised that participation in certain events can support the establishment of relationships with strategic suppliers to the business or enhance the Company’s knowledge or understanding of a particular area.

Question 12

What is your firm’s Anti-Bribery and Corruption policy?

Answer 12

The Company operates in compliance with the laws relevant to countering bribery and corruption in all jurisdictions where the company operates. These include but are not limited to the Bribery Act 2010 and the Foreign Corrupt Practices Act (FCPA).

Wherever possible, the Company will use procurement and contract management procedures which minimise the opportunity for corruption by subcontractors and suppliers against the company. The Company is committed to ensuring that its partners, suppliers, contractors, agents and other third parties with which we do business, have in place a code of conduct which explicitly prohibits the making of corrupt payments.

The Company is open and transparent about the process by which contracts of major interest to stakeholders have been notified, opened to potential bidders and awarded. Unsuccessful bidders will be notified of decisions made the basis for selecting winning contracts. The Company’s purchasing and contract processes has been designed to remove any opportunity for employees to distort the process to create ways in which they can steer the award of a contract to a particular bidder.

Question 13

Level 2 - What is your firm’s QA procedure and how do you comply with it?

Answer 13

Fee proposals, client instructions, enquiries and project documents need to be saved in relevant folders on our secure system. Milestones need to be completed including planned completion date duration and complete with sign off notes. All reports, schedules and certificates need to be QA’d (where an assistant) prior to issue, which is noted at the front of every document. I ensure I adhere to these procedures by using Deltek and ensuring my peers have enough time to read through and QA a document before it is required to be issued.

Question 14

Level 2 - What is the RICS CPD policy and how do you demonstrate compliance?

Answer 14

RICS require a minimum of 20 hours CPD hours a calendar year, with 10 hours being formal CPD. Members are also required to keep up to date with RICS ethical standards. All CPD must be recorded online and submitted to RICS by 31st January.

In my role we are regularly offered CPD seminars, and I attend the sessions have relevance for my role or a project I am working on. In the past this has included washroom CPDs including super loos where this was a possible requirement for a client, and I had little knowledge of them. The CPD helped me to understand what is required in a specification, the lead-in times and cost implications of this over traditional cubicles.

Question 15

Level 2 - How would you prepare a fee proposal?

Answer 15

I would assess the client requirements and estimate how much time would be required for completing the assignment and base the fee on my employer’s standard fee schedule for a lump sum fee. Or I would give a percentage of the work carried out where the hours of work are difficult to estimate for example a dilapidations negotiation or contract admin/project management.

Question 16

Level 2 - You mention not giving preferential rates, why is this?

Answer 16

To ensure our pricing is fair, regardless of if the client is longstanding or new.

Question 17

Level 2/3 - If a client requested a discount on a fee or was unhappy with the fee quoted, what would your action be?

Answer 17

I would assess if there were resources available to allow a cheaper fee quote, for example using less qualified colleagues for portions of the work so a lower fee could be charged, or if the scope of work could be reduced slightly to still achieve the client’s requirements. I would not simply reduce the fee because I have been asked to.

Question 18

Level 3 - A tenderer has requested an extension for submission; what do you do if anything, and what do you advise your client?

Answer 18

I would assess if the request were valid and reasonable and if it were I would consider the impact on the proposed programme/timescales given by the client. If there is little impact or the delay is minimal, I would discuss with the client and advise them of the potential delays. If the client is agreeable, I will give an extension to all tenderers to ensure the tender process is fair.

Question 19

What is PII and why do you need it?

Answer 19

Professional Indemnity Insurance: Consultants provide expert advice and therefore face risks associated with making mistakes or errors in judgement that could cost a business in profits. When profits are lost due to any negligence or perceived negligence businesses often respond with lawsuits. It also protects the client, surveyor and firm.

The purposes of having professional indemnity insurance are to:
* Ensure that if the firm faces a claim, it is protected from financial loss that it cannot meet from its own resources
* Protect the insured member or firm against the consequences of its liability to pay damages to third parties for breaches of professional duty that it commits through its professional activities and
* Ensure that the firm’s clients do not suffer financial loss, which the firm cannot meet.

RICS requires that a PII policy should meet the following standards:
The nature and extent of the insurance must be adequate and appropriate having particular regard to:
* an ‘each and every’ claim basis or aggregate plus unlimited round the clock reinstatement basis
* RICS’ minimum policy wording or more comprehensive wording. As a minimum, you should ensure that your policy wording is written on a full civil liability basis and
* the minimum level of indemnity based on the firm’s turnover in the previous year (or estimated for a new firm).

It is one of the RICS Professional obligations for regulated firms: 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 the RICS.

Question 20

What are you also required to have alongside PII?

Answer 20

Run-off cover.

Question 21

What is run-off cover?

Answer 21

To ensure that firms, members and their clients are not exposed to financial detriment in the period following a firm ceasing to trade, RICS requires firms to obtain fully retroactive run-off cover.

Question 22

What is the limit for run-off cover for consumer claims?

Answer 22

£1mill in all of 6 years from the date of expiry of the policy in force at the time of cessation.

Question 23

Is there a limit for non-consumer claims?

Answer 23

No limit is stated but needs to be adequate and appropriate and maintained for 6 years following the cessation of the practice.

Question 24

In relation to professional indemnity insurance, what is the minimum limit of indemnity for turnover under £100,000 (in the preceding year)?

Answer 24

• £250,000. This is dependent on predicted turnover based on the previous year’s turnover
• The RICS defines 3 levels of cover:
  o up to £100,000 = £250,000
  o £100,001 - £200,000 = £500,000
  o £200,001 + = £1,000,000 of cover

Question 25

What if the loss exceeds the cover provided by the PII insurance?

Answer 25

The professional / firm is liable for the difference – in assets etc

Question 26

What is the difference between aggregate and claim by claim cover?

Answer 26

Claim by claim policies cover the full claim value up to the policy limit for each individual claim within the period, whereas aggregate policies cover up to the claim limit for all claims made in the period.

Question 27

How does your behavior differ professionally and personally ?

Answer 27

My approach and behaviour does not change.

Question 28

What is the RICS ethical decision tree?

Answer 28

The RICS decision tree assists me in making informed decisions , confirming my actions are ethical and legal.

Question 29

What are the three benefits of regulation for firms?

Answer 29

• Confidence - for client as regulated firms are monitored by RICS regulation
• Professionalism - firms have to provide clear, impartial and expert advice
• Security - firms have to have recognised CHP, access to ADR and PII cover

Question 30

Why does you firm have Terms of Engagement? What should be included in Terms of Engagement? (Standard Terms of Engagement)

Answer 30

Creates a contract with the client and clear definition of what is expected and on what terms etc.

Sets out the proposed fee basis, payment of expenses and that a copy of the firm’s complaints handling procedure is available upon request.

Question 31

How long should files be kept for?

Answer 31

• A minimum of 6 years before disposing and destroying them securely (although can be sued for negligence for up to 15 years)

Question 32

If faced with a situation that you felt was unethical, how would you proceed?

Answer 32

Using the decision tree:
* Do I have sufficient facts?
* Is the matter legal?
* Is it in line with RICS Professional and Ethical Standards?
* Have I consulted with appropriate people?
* Do I have clear reasoning in reaching my decision?
* Would I be content for my actions to be made public?
If answered no to any of the above, I would not proceed with the situation alone and would consult senior staff with direction on how to proceed.

Question 33

In relation to professional indemnity insurance, what is the minimum limit of indemnity for turnover under £100,000 (in the preceding year)?

Answer 33

• £250,000. This is dependent on predicted turnover based on the previous year’s turnover
• The RICS defines 3 levels of cover:
• up to £100,000 = £250,000
• £100,001 - £200,000 = £500,000
• £200,001 + = £1,000,000 of cover

Question 34

What cover do you need?

Answer 34

• PII insurance - Professional indemnity insurance covers financial loss, personal injury and property damage resulting from your negligent act or error while you’re working for a client.
• PLI insurance - Public liability insurance is there to protect you if a member of the public is injured (or their property is damaged) and your business is faced with a compensation claim as a result. It can cover you when you’re working at client sites or in public.
• Employers Liability Insurance - Employers’ liability insurance covers you and your business for compensation costs if an employee becomes ill or injured as a result of the work they do for you. It’s legally required of all businesses with one or more employees.
• Building Insurance (if you own your own premises)

Question 35

What status is the RICS Professional Indemnity Insurance Requirements document?

Answer 35

A regulation document

Question 36

How long should the run off cover last for ?

Answer 36

RICS details a minimum of 6 years with £1 million per claim of cover.

Question 37

What is meant by the term ‘maximum level of uninsured excess’?

Answer 37

What is meant by the term ‘maximum level of uninsured excess’?

Question 38

What are the levels of maximum uninsured excess?

Answer 38

£10million or less - the greater of 2.5% sum insured or £10k
£10million and above - no set limit

Question 39

What should you do in case of a potential claim on your PII?

Answer 39

Must notify insurer in the event of:

1. An actual claim
2. A written or verbal threat of a claim
3. Any circumstance that the firm has reason to believe may result in a claim
4. Any complaint notified via the firm’s CHP

Question 40

In the RICS Professional Statement - Countering bribery, corruption, money laundering and terrorist financing February 2019 - RICS Members and Firms must do what in relation to bribery and corruption ?

Answer 40

In relation to bribery and corruption RICS-regulated firms must:
* not offer or accept, directly or indirectly, anything that could constitute a bribe
* have plans in place to comply with applicable laws governing bribery and corruption, and ensure that these are followed
* report any activity they are aware of that breaches anti-bribery and corruption laws to the relevant authorities (as specified in local legislation); where there is no local legislation the activity should be recorded and, if possible, reported to a senior manager
* act with due diligence to perform periodic written evaluations of the risks that face the firm and that may lead to the facilitation of bribery or corruption; in determining Countering bribery, corruption, money laundering and terrorist financing 6 RICS professional statement Effective from 1 September 2019 the appropriate level of due diligence, the firm may consider the type of business activities they engage in and the environment in which they operate
* retain information detailing how the firm has met the requirements of this professional statement.

In relation to bribery and corruption RICS members must:
* not offer or accept, directly or indirectly, anything that could constitute a bribe
* ensure that they have adequate knowledge of bribery and corruption to be able to comply with the requirements of this professional statement
* report any activity they are aware of that breaches applicable anti-bribery and corruption laws to the relevant authorities (as specified in local legislation); where there is no local legislation the activity should be recorded and, if possible, reported to a senior manager.

Question 41

Can you name any Money Laundering Red Flags?

Answer 41

• Cash-only buyers
• An unusual sale price (too low or too high)
• Payments from multiple/different source to counterparty
• Funds provided by unknown third parties

Question 42

What due diligence do you apply in relation to money laundering ?

Answer 42

My company has a policy relevant to this, I would always air on the side of caution. For example as a business do not accept cash or cheque payments. Any red flag would be raised suitably.

Question 43

What is money laundering?

Answer 43

Concealing the source of proceeds of criminal activity to disguise their illegal origin. This may take place through hiding, transferring and or recycling illicit money or other currency through one or more transactions, or converting criminal proceeds into seeming legitimate property.

Question 44

Client comes into your office with 10k cash to pay builder, what can you do?

Answer 44

I would politely decline as under RICS guidance, one should not facilitate or complicit any money laundering acts. Should I be concerned if there is money laundering then this should be reported to local legislation. Under the Money Laundering Act 2007 (updated 2017), under HMRC guidance, which advise that necessary due-diligence should be completed to ensure the money is clean. HMRC advise that these checks should be done if these transactions are occasional and of a value of €10k and you are not registered high value dealers. A high value dealer is a firm who has registered with the HMRC as they receive regular high value payments of €10k or more in cash for goods. Companies such as jewellers or car dealers. Such due-diligence checks include; checking who they say they are, financial statements, where the money came from.

Question 45

What are the principles of the Money Laundering Regulations?

Answer 45

Sets additional obligations for private sector firms working in areas of high money launder risk. Aims to stop criminals using professional services to launder money and to investigate large or regular cash transactions. You have a duty to report cash payments over £10K. Carry out risk assessments to make sure that you take the necessary procedures when working with clients from high risk countries or high risk sectors.

Question 46

When would accepting or providing hospitality be acceptable ?

Answer 46

Once all the works are complete on site and the final account agreed and there is no conflict of interest. also consider the scale, time and suitability of the hospitality and or gift.

Question 47

What’s the difference between a gift and a bribe ?

Answer 47

A gift is a small gesture, a bribe is given to influence improper action that someone will gain from.

Question 48

What is the RICS mission statement ?

Answer 48

Our mission is
* To be recognised in key worldwide markets as the leading body that sets and enforces standards
* Offers access to the most sought after professional status in land, property and construction.

Question 49

When was the RICS founded ?

Answer 49

15th June 1868

Question 50

What does the RICS stand for ?

Answer 50

Royal Institution of Chartered Surveyors

Question 51

What are the key roles of the RICS?

Answer 51

• Maintain the highest standards of training and professional experience
• Protect customers and consumers through a strict code of ethics
• Provide impartial advice, analysis and guidance
• Regulate and promote the profession

Question 52

What are the 5 principles of better regulations?

Answer 52

PACTT
* Proportionality
* Accountability
* Consistency
* Targeting
* Transparency

Question 53

How many members does the RICS have ?

Answer 53

140k over 146 countries

Question 54

What is the RICS motto ?

Answer 54

Est modus in rebes - there is measure in all things

Question 55

What are the key principles for firms to prevent Bribery ? PCR CDM

Answer 55

1) Proportionality
* Are the procedures proportionate to the bribery risk and the nature of the firms activities?
* Are the procedure clear, practical, effectively implemented?
* Are anti-bribery procedures in place for different payments? Hospitality, donations etc.

2) Commitment (Top Level)
* Issue a statement to staff/partners that communicate the polices
* Zero tolerance
* Select and train a senior employee to take responsibility for procedures and policy.
* Issue internal and external publications

3) Risk Assessment
* Procedures to assess the nature and extent to exposure for potential bribery.
* Accurately identify and prioritise risks a firm may face
* Written record of risk assessments and findings
* Internal risks – bonus culture, lack of bribery messages from top management
* External risks – Country (is the country particularly known for bribery) or Sectoral

4) Communication
* Embed an understanding of procedures and zero tolerance with internal and external communications
* Training should be continuous
* Whistle blowing policy established

5) Due Diligence
* Firms should carry out due diligence on their staff and partners
* Credit checks, internet checks, interviews etc
* Should get a clear statement of the nature of services offered

6) Monitoring and Reviewing
* Periodically review anti-bribery policies and assess effectiveness.
* Use bribery risk assessment to make decisions
* Review process in response to external or internal stimuli
* Review financial control mechanisms

Question 56

What is required to register a firm to RICS?

Answer 56

A Firm is required to register for regulation by RICS if:
a. the Firm provides surveying services to the public;
b. the Firm is operating in Regulated Area A (UK);
c. at least 50% of the Firm’s Principals are RICS Members.

‘New requirement from April 2020 that 25% of principals must be RICS-qualified members. FRICS,MRICS< AsRICS

Question 57

Which firms CAN volunteer to be regulated by the RICS?

Answer 57

If 25% of the principals are members, then it is voluntary to become regulated.

Question 58

Why would a firm volunteer to be regulated?

Answer 58

It allows you to use RICS designation and logo’s on marketing material to show that you offer the highest level of service and given the RICS reputation and access to clients, this would be beneficial to the company.

Question 59

As a sole practitioner, which additional safeguards do the RICS require? (for example if you are ill or pass away?)

Answer 59

• Use of a locum who can complete any outstanding works and arrange for adequate run-off cover
• Third party named for Complaints Handling

Question 60

Can you give me some example behaviours from Rule 1 (RICS Rules of Conduct) ?

Answer 60

• 1.1 Members and firms do not mislead others by their actions or omissions, or by being complicit in the actions or omissions of others.
• 1.2 Members and firms do not allow themselves to be influenced improperly by others (as a result of, for example, giving or receiving work referrals, gifts, hospitality or payments) or by their own selfinterest.
• 1.3 Members and firms identify actual and potential conflicts of interest throughout a professional assignment and do not provide advice or services where a conflict of interest or a significant risk of one arises, unless they do so in accordance with the current edition of Conflicts of interest, RICS professional statement.
• 1.4 Firms have effective processes to identify actual and potential conflicts of interest, to enable appropriate decisions to be made on whether to accept work, and to keep records of decisions made about actual and potential conflicts of interest.
• 1.5 Members and firms providing advice and opinion in a professional context do so honestly and objectively based on relevant and reliable evidence, and firms have processes to ensure that directors, partners and employees do so.
• 1.6 Members and firms are open and transparent with clients about their fees and services.
• 1.7 Members and firms act to prevent others being misled about their professional opinion.
• 1.8 Members and firms do not take unfair advantage of others.
• 1.9 Members and firms protect confidential information and only use or disclose it for the purposes for which it was provided, where they have the necessary consent to do so or where required or permitted by law.
• 1.10 Firms keep client money safe and have appropriate accounting controls.
• 1.11 Members do not misuse client money and comply with controls intended to keep it safe.
• 1.12 Members and firms do not facilitate any financial crime including money laundering, tax evasion, bribery or corruption. Firms have effective processes to prevent directors, partners or employees from doing so.

Question 61

Can you give me some example behaviours from Rule 2 (RICS Rules of Conduct) ?

Answer 61

• 2.1 Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently
• 2.2 Members and firms supervise any employees undertaking work for them and ensure that these employees have the necessary knowledge, skills and resources to do their tasks competently.
• 2.3 Members and firms check that subcontractors have the necessary knowledge, skills and resources to do their tasks competently.
• 2.4 Members and firms reflect on the work they have undertaken and its impacts, and consider how they might apply what they have learned to their future work.
• 2.5 Members maintain and develop their knowledge and skills throughout their careers. They identify development needs, plan and undertake continuing professional development (CPD) activities to address them and are able to demonstrate they have done so. Firms encourage and support directors, partners and employees to maintain and develop their knowledge and skills, and check that they are complying with CPD requirements set by RICS.
• 2.6 Members and firms stay up to date and comply with relevant legislation, codes of practice and other professional and relevant technical standards. Firms ensure that their directors, partners and employees do so.

Question 62

Can you give me some example behaviours from Rule 3 (RICS Rules of Conduct) ?

Answer 62

• 3.1 Members and firms understand clients’ needs and objectives before accepting any professional work.
• 3.2 Members and firms agree with clients the scope of the service to be provided and its limitations, and timescales for the work.
• 3.3 Firms inform clients that they are regulated by RICS and that they may need to disclose records to RICS where required for regulatory purposes.
• 3.4 Members and firms inform clients promptly and seek their agreement if it is proposed that any of the terms of engagement or estimated fees or costs be changed.
• 3.5 Members and firms undertake their work in a timely manner; with due care, skill and diligence, and in accordance with RICS technical standards.
• 3.6 Members and firms communicate to clients the material information on which their professional advice and opinion is based.
• 3.7 Members and firms communicate with clients and others clearly and in a way they can understand.
• 3.8 Members and firms ensure that any referral or introduction they make for a client is in the best interests of the client and inform clients about any financial or other benefits to the member or their firm from a referral or introduction.
• 3.9 Members and firms keep proper records of their work and decisions in enough detail to allow them to answer questions from clients and to allow their work to be audited for quality assurance or regulatory purposes.
• 3.10 Members and firms, when advising clients about projects, encourage solutions that are sustainable in that they minimise harm and deliver balanced economic, social and environmental benefits.
• 3.11 Members and firms understand the risks and benefits of using relevant technology.
• 3.12 Members and firms check that all data used is accurate and up to date, is kept securely, and that they have proper legal rights to use it and, where required, share it.
• 3.13 Firms have effective quality assurance processes for their work.

Question 63

Can you give me some example behaviours from Rule 4 (RICS Rules of Conduct) ?

Answer 63

• 4.1 Members and firms respect the rights of others and treat others with courtesy.
• 4.2 Members and firms treat everyone fairly and do not discriminate against anyone on any improper grounds, including age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
• 4.3 Members and firms do not bully, victimise or harass anyone.
• 4.4 Firms check that supply chains do not involve modern slavery or other abuses of the workforce.
• 4.5 Members and firms report abusive labour practices to proper and recognised authorities if they become aware of, or suspect, them.
• 4.6 Members and firms work cooperatively with others.
• 4.7 Members and firms develop an inclusive culture in their workplaces, support equal access and opportunity for all, and identify and address unconscious bias.

Question 64

Can you give me some example behaviours from Rule 5 (RICS Rules of Conduct) ?

Answer 64

• 5.1 Members and firms question practices and decisions that they suspect are not right, and raise concerns with colleagues, senior management, clients, RICS or any other appropriate person, body or organisation where they believe in good faith that it is necessary to do so. Firms provide processes to allow and support individuals within the firm to raise concerns with senior management.
• 5.2 Members and firms support directors, partners, employees, colleagues or clients who have acted in good faith to report concerns.
• 5.3 Members and firms ensure that public statements made by the firm, or in which members are (or could be) identified as members of the profession, do not undermine public confidence in the profession.
• 5.4 Members and firms respond to complaints made against them promptly, openly and professionally.
• 5.5 Members and firms do not dissuade complainants from approaching an alternative dispute resolution provider, RICS or any other regulatory body.
• 5.6 Members and firms cooperate with investigations into complaints or concerns, and provide information where it is reasonably requested and they can do so lawfully.
• 5.7 Members consider the effect that any health conditions may have on their competence or ability to undertake professional work, and inform management or clients where they require reasonable adjustments or are unable to continue to undertake work competently.
• 5.8 Members and firms manage their professional finances responsibly.
• 5.9 Members and firms take appropriate action when they consider that the rules have been breached, and report suspected significant breaches of the Rules of Conduct by themselves or others to RICS.

Question 65

What is included within Appendix A from the RICS Rules of Conduct ?

Answer 65

This appendix sets out the core professional obligations for members and firms. Additional professional obligations are found in the mandatory requirements of RICS professional statements relevant to a member or firm’s practice.

The following professional obligations to RICS are mandatory for RICS members.
* Members must comply with the CPD requirements set by RICS.
* Members must cooperate with RICS.
* Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.

The following obligations are mandatory for RICS-regulated firms.
* Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log.
* 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
* 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.
* Firms must cooperate with RICS.
* Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
* 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.
* Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.