Summaries Documents Flashcards
RICS Rules of Conduct - Set Standards
The RICS Rules of Conduct set professional and ethical standards for RICS members and regulated firms, focusing on integrity, competence, and accountability.
Key principles include:
1. Act with Integrity – Be honest and transparent.
2. Provide High Standards of Service – Ensure competence and diligence.
3. Promote Trust in the Profession – Uphold the profession’s reputation.
4. Treat Others with Respect – Show fairness and courtesy.
5. Take Responsibility – Be accountable for actions.
RICS Rules of Conduct - Appendix A Mandatory Professional Obligations
Members must:
1. maintain competence through Continuous Professional Development
2. Comply with RICS
3. Provide information when requested by the standards and regulation board
Firms must:
1. Comply with RICS
2. Provide information when requested by the standards and regulation board
3. Publish complaints handling procedure and keep a log
4. Maintain appropriate Professional Indemnity Insurance (PII)
5. If sole practitioner, have plans in place in the event work cannot be completed
6. RICS branding on stationary
7. Share whether they hold client money
8. report all matters where necessary to the RICS
Bribery Act 2010
The Bribery Act 2010 (UK) establishes comprehensive anti-bribery laws aimed at preventing corruption in both the public and private sectors, across the world.
What is a bribe? - Dishonestly receiving, persuading or giving some form of inducement to act in one’s favor.
4 Offenses:
- Offering, promising, or giving a bribe
- Receiving a bribe
- Bribery of foreign public officials
- Failure of commercial organisations to prevent bribery
Penalties:
- Individuals found guilty can face up to 10 years in prison and/or unlimited fines. Companies can also face unlimited fines.
- Policed by Serious Fraud Office
Principles of the Bribery Act (6)
1. Proportionality
2. Top Level Commitment
3. Risk Assessment
4. Due Diligence
5. Communication
6. Monitor and Review
LSH Gift handling proceedure
Any gift valued over £50 to be declared and not accepted, any Dining experience over £100 to not be accepted and alternative to be identified.
Consider if the gift is proportionate to the instruction
Consider if the gift aims to induce favor
All gifts to be reported on the gifts register
LSH Anti-bribery policy
Zero tolerance policy to Bribery - do not bribe, do not be bribed, do not bribe a public official, LSH cannot allow bribery to occur.
LSH Non-disclosure Agreement policy
Must be approved by Darren Scott.
RICS Rules of Conduct
Members and firms must:
1. Act with Honesty and Integrity, complying with professional obligations
- Maintain professional competence ensuring services provided are by competent individuals
- Provide good quality and diligent service
- Treat others with respect, promoting
diversity and inclusion - Act within the public interest, taking responsibility for their actions, and acting to prevent harm maintaining public confidence in the profession
RICS Professional Standards: Conflicts of interest (2018, reissued 2023)
“Cannot act within conflict unless received informed consent and acting is within the interest of both parties”
3 types of conflict
Party
Personal
Confidential
3 Stages to conflict management/avoidance
1. Can it be managed or must it be avoided ?
2. Clearly set out in writing the type of conflicts, management technique and request informed consent to parties involved
3. Conflict avoidance methods
LSH Complaints handling procedure
- Receive written complaint having provided the Complaints handling procedure.
- Inform complaints handling officer
- Complaints handling Officer then has 7 days to respond to the complaint and a further 21 days to investigate.
- On receipt of remedy if complainant is not satisfied, an RICS approved third party dispute resolution service is contacted to continue. LSH use Property Ombudsman
RICS Professional Standard: Complaints Handling (2016, reissued 2023)
- RICS regulated firms must have a published and RICS approved Complaints handling procedure.
- client should be made aware of CHP in terms of engagement
- should notify PII insurers as soon as possible if there could be a claim for negligence
- Firms must include RICS approved ADR in CHP
Minimum of handling a complaint
Stage one (In-house)
- Complaint is in writing as complainant has received the CHP
- CH Officer has 7 days to respond and 28 days to investigate
- Procedure must be quick, clear, transparent and impartially implemented
Stage Two (ARD - Third party resolution)
- Complainant not happy with result, can use independent redress scheme the firm has chosen - Property Ombudsman, RICS Dispute resolution service etc.
RICS Professional Standard: ‘Surveying Safely’ 2nd edition (effective 2018)
Set out basic, good practice principles for the management of health and safety for RICS regulated members and firms.
Document Structure (8):
1. Personal Responsibilities
2. Assessing Hazards and Risk
3. Workplace Health and Safety
4. Occupational hygiene and health
5. Visiting premises and sites
6. Fire Safety
7. Residential Property Surveying
8. Procurement and management of contractors
RICS Firms must provide:
1. Safe working environment
2. Safe work equipment
3. Safe systems of work
4. Competent staff
Health and Safety at Work Act 1974
“Duty to every employer to ensure so far as reasonably practicable, the health, safety and welfare at work of all employees.”
Policed by Health and Safety Executive (HSE)
Criminal Offence with fines and/or imprisonment
- Must report injuries, and dangerous occurrences
- must undertake and regularly review risk assessments
LSH Working from home / Physical Health
Maintain routines
Work within working hours with regular breaks - Pomodoro method
Have your desk at a height where your forearms are at a 90 degree angle not reaching for your keyboard
Have your chair ergonomically positioned
RICS Dispute Resolution Services
Arbitration
PACT
Independent Expert
Expert Witness
RICS Sustainability Report 2023
Global benchmark for issues of climate, carbon and sustainability practice.
Reported rise in occupier and investment demand for climate adapted real estate, but the industry remains well educated on the matter with little intent to invest in measures predominantly by cost and return on investment barriers.
