Ethics Flashcards

(49 cards)

1
Q

What are the 5 ethical standards of RICS?

A
  1. Integrity
  2. Trust
  3. Responsibility
  4. Respect
  5. High standard of service
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2
Q

How have you provided a high standard of service?

A

Be clear on the services I am providing, act within scope.

Example: regular client reporting, tailoring approach to client and ensuring consultants are paid on time

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3
Q

How do I act with integrity

A

Be trustworthy - respect confidential information - don’t accept gifts

Example: declining gifts from contractors / consultants. Working under an NDA. Fair and transparent procurement

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4
Q

How do you act with trust

A

Be trustworthy - act in a way that promotes myself and my company and the profession.

Example: reposting and dealing with local neighbours complaints / public consultation.

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5
Q

Take responsibility how ?

A

Be responsible for my actions and responding to complaints in an appropriate manner.

Example: recommending additional fees if works have been done - rectifying mistakes.

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6
Q

Treat others with respect how?

A

Be courteous and polite to all

Example: ensuring all consultants have the opportunity to voice opinions during meetings and set realistic deadlines.

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7
Q

5 principals of RICS regulation?

A

1.proportionality
2.Accountability
3.Consistency
4.Targeting
5.Transparency

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8
Q

What are the roles of the RICS

A
  • accredits professionals
  • helps set and maintain and regulate standards

-provides advice to government and policy makers

  • ethics - gives clients security their interests are being properly taken care of.
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9
Q

How does the RICS maintain professional standards?

A

5 ethical standards
5 rules of conduct

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10
Q

What are the 5 rules of conduct?

A

Act with integrity

Maintain professional competence

Provide diligent service

Promote diversity and inclusion

Act in the public interest - take responsibility for actions

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11
Q

Why does the RICS have rules of conduct

A

Set the standards for professional conduct (behaviour) and practice (technical) - this is expected of members and firms registered under the RICS

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12
Q

What happen if a member contravenes the rules

A

Penalties - caution, fine, conditions, removal of registration, expulsion

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13
Q

What are professional statement docs?

A

Mandatory requirements for the RICS members and firms - sets out behavioural competence and technical expectations.

Examples:

  • Client money handling 2019
  • conflict of interest 2017
  • countering bribery, money laundering and terrorist financing 2019
  • complaints handling 2016
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14
Q

What is a guidance note ?

A

Documents that provide recommendations or outline good practices as followed by competent and conscientious practitioners

Management of risk 2016 - sets out risk identification and quantification techniques

Design and specification 2013
- understanding project brief
- managing design information
- identifying methods for change control

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15
Q

What is the difference between a progressional statement and a guidance note ?

A

Professional statement - mandatory for all RICS members and firms

Guidance note - recommendations for good practice

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16
Q

Biggest issue facing RICS?

A
  • diversity, gender and race.
  • access to industry - foot in the door industry
  • cloud still hanging over industry from levitt review in 2021
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17
Q

What is the H&S act 1974

A
  • primary piece of legislation that governs H&S in the workplace in UK
  • places a duty upon the employers to ensure reasonable safety of employees and places a duty on employees to ensure H&S of others that might be effected by their work
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18
Q

How does H&s act impact role of Project Manager

A

Duty of PM to ensure everyone is aware of their duties.

CDM 2015
- promotes good management and common sense
- places responsibility on those best placed to deal with H&S - PC and PD
- employer must appoint duty holders, ensure time and resource is sufficient, issue f10. Ensure welfare is provided.

During design- work to building regulations - minimum standards to protect H&S in the design and construction and use of building.

During contruction
- cpp
-rams
- site inductions
- tool box talks

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19
Q

Companies gift policy

A
  • approval from director If we require to entertain business contacts with over 100 pounds

Approval required if being entertained over £50 and MD if over £1000

Christmas charity raffle for gifts given to company.

If in doubt do not accept.

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20
Q

RICS gift policy

A

Professional statement RICS - associated counter bribery, corruption, money laundering and terrorist financing

RICS regulated firms must have a written policy on anti bribery and corruption and encourage transparency.

RICS members must declare gifts to their employees.

Consider:

  • anti bribery act 2010
  • m3 policies on gifts
  • proportionality
  • tax implications
21
Q

What is the structure of the RICS

A

RICS have a seat on privy council.

The governing council sits over the RICS governance structure and the RICS board and standards and regulation board.

RICS board manages membership services committee, audit and risk assurance, knowledge and practice and nominations and remuneration committee.

Standards and regulations board sits over standards committee, qualifications and assessments committee and dispute resolution appointment board.

22
Q

What is the structure of the RICS

A

RICS have a seat on privy council.

The governing council sits over the RICS governance structure and the RICS board and standards and regulation board.

RICS board manages membership services committee, audit and risk assurance, knowledge and practice and nominations and remuneration committee.

Standards and regulations board sits over standards committee, qualifications and assessments committee and dispute resolution appointment board.

23
Q

What is RICS motto

A

Modus est rebus - there is measure in all things

24
Q

What is the royal charter

A

Means RICS have a seat on privy council and advise crown (his majesty’s government)

Royal charter requires members to promote the profession for the public benefit

Self regulation

Gold standards of excellence

Think about public benefit

25
How many members
C. 140k 10k firms globally
26
How do you become a member
Demonstrate professional knowledge and skills Understand and commit to RICS ethical standards
27
What is ethics
Study of moral standards and how they effect conduct
28
What are the 4 levels of membership
- Trainee / apprentice - ASSRIC - associated RICS -MRICS - member (charted qualification) -FRICS - fellow
29
Why do I want to be a member of the RICS
Be a part of an institution that promotes the highest standard and ethics within our industry Recognition as a professional Broaden my network with RICS CPD opportunities
30
What is the CPD policy
48 hours per year for APC candidate 20 hours for members - 10 must be formal with clear learning outcomes. Record them online Must update their understanding on professional and ethical standards every 3 years.
31
What professional group bodies are there within the RICS
18 professional group boards covering specific technical segments / services. - offer networking and marketing insights - e.g project management group or dispute resolution group. - each professional group has an elected board and is responsible for outlining standards of competence and practice. Professional bodies within the RICS - RICS regulation confidential hotline- can assist with ethical issues - matrics - young / new members support group - lion heart - charity to support members - financial support, counselling
32
3 obligations of RICS
1. Comply with CPD policy 2. Corporate with the RICS 3. Provide information if requested to by regulation board
33
7 obligations of RICS regulated firms
1 publish CHP including alternative dispute resolution provider 2. Ensure all work is covered by professional indemnity cover 3. Firms with a sole principal must make arrangements for their professional work to continue in the event of their incapacity 4. Cooperate with RICS 5 provide information requested by Standards and regs board 6 display in their business literature that they are regulated by RICS 7 report to RICS any matters they are required to report under the rules for registration of firms
34
What are the requirements of a RICS regulated firms
- adequate prof indemnity insurance - CHP - security of clients money - comply with employment leg - training programme for employees - individual RICS professionals must carry out CPD
35
When does a firm become eligible
If the firm provides surveying services to public Atleast 25% of principals are RICS members
36
When does a firm become mandatory for RICS registration
If over 50% of principals are RICS members
37
How does RICS monitor a firm
- annual income -Client accounts - correspondence - regulation board assures members follow rules
38
Benefits of being RICS regulated
Reputationally beneficial, Practice globally recognisable standards Recognised that your firm / you are behaving ethically, required competence. Manages conflicts transparently. Safeguards clients money
39
What is the RICS CHP
- a firm must have a CHP - it must include a redress system - must have a complaints handling office and complaint handling log - CHP must be free of charge initially - sole traders can’t deal with complaints themselves - time limits for RICS CHP - ack 7 days , formally respond 21 days 2nd stage redress if the client is dissatisfied
40
M3 CHP
Inform line manager Ack 5 days Formally respond 14-18 Formally record and investigate Internal lessons learnt to be held after
41
What are principals of uk law
Stat leg - act of parliament - regulation and bylaws Common law - derived from previous Judicial de ions of courts rather than written legislation Criminal law - offence against society and the crown prosecuted those accused of breaking law Civil law - offiences against an individual or private party e.g family matters or contracts Case law - relevant case law can be used to help a judicial decision
42
Examples of legislation
H&S 1974 Equality act 2010 Bribery act 2010 Data protection act 2018 (GDPR)
43
Client money handling
Overview; Separate named account Must be able to identify the client Detail; - firms must preserve the security of clients money entrusted to them. Money must be clearly linked to client in the event of insolvency.
44
What is professional indemnity insurance
Mandatory for surveyors working in practice Protects surveyors client and third parties against negligence claims where duty of care is breached Bought from a specialist insurer recommended by RICS On an each claim basis - means you can claim against for every claim made - no aggregate cap Retrospective claims can be made Run off cover (6 years for 1mil Pi) protects from claims post operation 15 years recommended
45
46
PI needed
Up to 100k Pa turn over - 250k Up to 199k Pa turn over - 500k Over 200k Pa need - min 1mil pi
47
What would I do if my client gave me a bag of cash
- due diligence - where did it come from ? I can accept but must register cash with HMRC to ensure paying VAT Only up to 10K for singal transactions Consider bribery act and money laundering
48
What do I do if I set up a practice tomorrow
- notify the RICS - gain pi insurance and public liability - register for regulation as a firm - meet requirements of the rules and conducts of firms - register on companies house
49
Is it appropriate to give advice to a friend
- unless they are paying for services my insurance will not cover - give name of other companies a friend could use Work within my competence