Ethics, Rules of Conduct and Professionalism Flashcards
How does RICS ensure standards of professional conduct and practice are upheld?
- RICS has Rules of Conduct (effective 2nd February 2022)
- The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect, and responsibility
What are the Rules of Conduct?
- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Members and firms must maintain their professional competence 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 act to prevent harm and maintain public confidence in the profession.
Can you provide 5 example behaviours to comply with Rule 1 (Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS)
- Members and firms do not mislead others by their actions or omissions, or by being complicit in the actions or omissions of others.
- 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.
- Members and firms are open and transparent with clients about their fees and services.
- Members and firms do not take unfair advantage of others.
- 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.
Can you provide 5 example behaviours to comply with Rule 2? (Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have necessary expertise)
- Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
- 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.
- 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.
- 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.
- 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.
Can you provide 5 example behaviours to comply with Rule 3? (Members and firms must provide good-quality and diligent service)
- Members and firms understand clients’ needs and objectives before accepting any professional work.
- Members and firms agree with clients the scope of the service to be provided and its limitations, and timescales for the work.
- Members and firms communicate with clients and others clearly and in a way they can understand.
- Members and firms understand the risks and benefits of using relevant technology.
- Firms have effective quality assurance processes for their work.
Can you provide 5 example behaviours to comply with Rule 4? (Members and firms must treat others with respect and encourage diversity and inclusion).
- Members and firms respect the rights of others and treat others with courtesy.
- Members and firms do not bully, victimise or harass anyone.
- Firms check that supply chains do not involve modern slavery or other abuses of the workforce.
- Members and firms work cooperatively with others.
- Members and firms develop an inclusive culture in their workplaces, support equal access and opportunity for all, and identify and address unconscious bias.
Can you provide 5 example behaviours to comply with Rule 5 (Members and firms must act in the pubic interes, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession)
- Members and firms support directors, partners, employees, colleagues or clients who have acted in good faith to report concerns.
- Members and firms respond to complaints made against them promptly, openly and professionally.
- Members and firms do not dissuade complainants from approaching an alternative dispute resolution provider, RICS or any other regulatory body.
- Members and firms manage their professional finances responsibly.
- 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.
Please list the core professional obligations for members?
- Members must comply with 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 any hose exercising delegated authority on its behalf
Please can you list the core professional obligations 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 under the Rules for the Registration of Firms.
Are you aware of any RICS Regulation in the use of social media accounts?
- Use of social media: guidance for RICS members (Version 1)
- Effective from 30th June 2021
- The overarching principle is: standards expected of members do not change because they are communicating through social media rather than face-to-face or other traditional methods
Say you attend a work social event and witness two junior colleagues acting in a way which could bring your firm into disgrace. What would you do in this situation?
- I would speak with them immediately and take steps to prevent reputational damage or embarrassment.
- I would then address their actions formally in working hours
Why does RICS publish guidance notes and do Chartered Surveyors have to follow them?
If a surveyor faces professional negligence claim or RICS regulatory or disciplinary proceedings, they will need to be able to evidence that they acted with reasonable competence. This can be achieved by complying with RICS guidance publications
What is the ‘Black Book’?
- The Black Book is a collection of technical practice documents which covers all processes throughout the construction life cycle.
- The documents are essential development tools for juniors professionals working through their APC and useful guides to best practice for more experience professionals.
Are you aware of any regulation associated with the use of the RICS logo?
- Rules for the use of the RICS logo and destination by firms
- Guidelines for the personal use of the RICS logo and designation by RICS professionals
RICS have introduced two new definitions for professional guidance, what are they called?
- Professional Standard and Practice Information
- These definitions are being rolled out in all new RICS guidance being published, or in some cases existing guidance is being reissued using the new definitions
Can you briefly explain the purpose of a Professional Standard document please, what information/obligations might they contain?
- These ‘set requirements or expectations for RICS members and regulated firms about how they provide services or the outcomes of their actions’.
- Where a Professional Standard applies to an area of practice, they set:
- Mandatory requirements that surveyors must follow, where the word ‘must’ is used.
- Best practice that surveyors should follow, where the word ‘should’ is used. In these instances, there may be alternative approaches or methods that may achieve a better overall outcome.
This will be up to the individual surveyor to decide upon.
Can you briefly explain the purpose of a Practice Information document please, what information/obligations might they contain?
- This is supplementary guidance to support surveyors in delivering specific services or working in specific areas of practice.
- The guidance is not mandatory and does not provide explicit recommendations.
- Practice Information can include ‘definitions, processes, toolkits, checklists, insights, research and technical information or advice’.
Can you explain how you act with integrity?
- Being trustworthy in all that I do.
- Being open and transparent in the way I work.
- Respecting confidential information.
- Not taking advantage.
- Not allowing bias, conflict of interest or the undue influence of others to override my decisions.
- Not offering or accepting gifts, hospitality, or services, which might suggest an improper obligation.
Why must you act within your professional capability / competence?
To ensure I do not advise my clients incorrectly which could lead to a complaint or claim of negligence.
Can you explain how you take responsibility?
- Be accountable for all my actions.
- Always act with skill, care and diligence.
- Ensure an appropriate complaint handling procedure is in place in the event somebody makes a complaint about me.
- If I think something is not right, I am prepared to respectfully challenge and raise the matter with colleagues.
How do you provide a high standard of service when executing your professional appointments?
- I always ensure my client, or others to whom I have a professional responsibility, receive the best possible advice and support.
- Always acting and advising within my scope of competence.
- Being transparent about fees and any other costs or payments such as referral fees or commissions.
- Communicating with my client in a way that will allow them to make informed decisions.
Can you explain how you promote trust in the profession?
- Understanding how my actions will affect others and the environment.
- Fulfilling my professional obligations.
- Acting in a trustworthy manner in both my professional and private life.
Can you clarify what an individual should do to maintain a high ethical standard in their profession?
- Keep their own actions under review, inside and outside of work.
- Maintain CPD appropriate in their area of work (for example, applicable law and regulations).
- Follow advice given by professional bodies on ethical behaviour.
- Help their own organisation to develop ethical ways of working.
- Noting any unethical behaviour by others and addressing with the individual where appropriate.
What sort of things can employers do to create an ethical environment for their staff?
- Establish confidential procedures for whistle blowing’, independent of the normal chain of command.
- Include ethical evaluations in formal performance appraisals.
- Include ethical standards in employee hiring, employment contracts and training.
- Make sure there is adequate planning, training and ethical performance monitoring when implementing change
- Encouraging staff to progress their APC and become chartered with RICS.
- Promoting CPD in the relevant area.
What is the difference between ethics and integrity?
- Integrity is the internal quality of being honest, having strong moral principles and doing the right thing.
- It’s our personal code of conduct that governs how we behave and conduct ourselves personally and professionally.
- Ethics is more external, and applies to an organisations rules, regulations and organisational code of conduct that have been created to allow employees to work following moral principles
Are you aware of any tools provided by RICS to help members make ethical decisions?
RICS have produced an ethics decisions tree which can be used to consider any ethical matter or situation
Are you aware of any rules associated with registering a firm with RICS?
Rules for the registration of firms (Version 8) - effective from 2nd February 2022
When is a firm required to register for regulation?
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 (United Kingdom).
c) At least 50% of the firm’s Principals are RICS Members.
In which circumstances are firms eligible to register for regulation?
Rule 4.1 - A firm is eligible to register for regulation by RICS if:
a) The firm provides surveying services to the public and
b) At least 25% of the firm’s Principals are RICS Members.
Rule 4.2 - A firm is also eligible to register for regulation by RICS if it meets the requirements of Rules 4.1(a); and either:
a) The Head of Regulation is satisfied that the firm is implementing an appropriate plan to secure compliance with Rule 4.1 (b) within a reasonable period of time or;
b) The Head of Regulation is satisfied that the firm is appropriately supported and supervised by another RICS-registered firm or firms that fulfil the requirements.
What is a locum?
- A firm which has a sole principal (i.e. a sole practitioner or a sole director in a corporate practice) must have in place appropriate arrangements in the event of that sole principal’s death, incapacity or other extended absence.
- A locum is effectively another professional who is appointed to ‘stand in’ for the surveyor if they are unable to work.
Who can be a locum?
Typically, a locum will be another Chartered Surveyor, although they could also be a solicitor or accountant (i.e. a trustworthy professional).
How does professional indemnity insurance (PIl) cover relate to locums?
Locums need to be covered for any work undertaken whilst the sole practitioner is unavailable. This could be under their own cover, if appropriate, or under the firm’s Pll policy.
Can you accept a gift from your client or contractor?
- I would not accept gifts, hospitality, or services, which might suggest an improper obligation.
- Gifts and hospitality can be accepted in certain circumstances, the key is to consult the ethics decision tree and make an informed decision
Key points to note:
- Timing of the gift or hospitality.
- Proportionality of the gift or hospitality.
- Consideration to the impartiality, or perceived impartiality of the gift or hospitality offered.
