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RICS > Ethics, rules of conduct and professionalism > Flashcards

Ethics, rules of conduct and professionalism Flashcards

1
Q

Why do you want to become a member of RICS?

A

It demonstrates a high level of competency and professionalism to clients

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2
Q

What is the role of RICS?

A

RICS develops and enforces leading international standards to protect consumers and businesses, ensuring the highest level of professionalism.

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3
Q

What are the key functions of RICS?

A
  • Advancing the highest ethical and technical standards for professionals in land, property and the built environment.
  • Protecting and providing benefits to consumers by enforcing standards and codes of best practice.
  • Providing expert impartial advice to governments, business and the public.
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4
Q

What is a royal charter?

A

A Royal Charter is an instrument of incorporation, granted by The King, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs.

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5
Q

Who is the current RICS president?

A

Ann Gray

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6
Q

What do you understand by the term self-regulation?

A

Self-regulation is the ability to understand and manage your behaviour and your reactions to things happening around you.

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7
Q

Can you tell me what you understand by the principles of better regulation?

A

It provides guidance on how regulators should regulate

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8
Q

What is a bye-law?

A

a regulation made by a local authority or corporation

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9
Q

What is an example of an RICS bye-law?

A

Every member shall conduct themrselves in a manner befitting membership of RICS

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10
Q

Explain to me the new RICS Rules of Conduct - what do they replace?

A

Rule 1- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS

Rule 2 - Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Rule 3 - Members and firms must provide 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 public confidence in the profession.

They replaced the existing Rules of Conduct for Firms and for Members and the Global Professional & Ethical Standards

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11
Q

When did the new Rules of Conduct take effect?

A

The Rules of Conduct are effective from 2 February 2022

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12
Q

Who do Rules of Conduct relate to?

A

They are standards to protect consumers and businesses, they apply to all members and regulated firms

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13
Q

What are the 6 ethical principles that the Rules of Conduct are based on?

A

The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.

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14
Q

Give an example behaviour for each Rule of Conduct?

A
  1. Act with honesty/integrity - members should not mislead others by their actions
  2. Maintain professional competence - Ensure work is work undertaken competently and maintain knowledge via CPD
  3. Provide good quality and diligent service - understand clients needs and objectives to provide high quality service, data protection risks
  4. Treat others with respect - covers diversity and inclusion to avoid discrimination and unconscious bias
  5. Act in public interest - taking responsibility for own actions e.g. complaints handling
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15
Q

What are the core professional obligations of firms and members to RICS?

A

These include requirements for CPD, professional indemnity insurance, complaints handling, sole principal arrangements, and cooperation with and regulation by RICS

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16
Q

What disciplinary procedures can the RICS impose?

A

Only serious breaches of the rules are likely to result in disciplinary action; minor breaches can be dealt with through self-correction or firms’ processes.

Disciplinary actions are:
* fixed penalty - a fine
* consent order - A Consent Order is a formal written agreement between RICS and the Member or Firm, requiring: the Member or Firm to take corrective action or refrain from taking certain actions within a specified period of time * the Member or Firm to pay a fine and/or costs where appropriate.
* disciplinary panel for more serious breaches - A Disciplinary Panel’s role is to hear disciplinary cases involving Regulated Members, to make findings of fact in relation to allegations brought by RICS, in order to determine whether a Regulated Member is liable to disciplinary action and, if so, whether a sanction should be imposed.

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17
Q

In what circumstances can disciplinary procedures be imposed?

A

Where a complaint or concern about a Regulated Member (RICS professional or RICS-regulated Firm) is investigated by RICS and is considered serious enough and supported by evidence

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18
Q

When did RICS last update their disciplinary panel rules?

A

Feb 2022

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19
Q

What are the different levels of action within the disciplinary procedures?

A

Fixed penalty notices, Regulatory compliance order, Sanctions

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20
Q

What do you understand by the term professional practice?

A

Professional Practice is a term used to describe activities which will help you apply your knowledge to your industry, job role or workplace.

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21
Q

What money laundering regulations or legislation are you aware of?

A

The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 and Proceeds of Crime Act 2002

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22
Q

What is a red flag of money laundering?

A

Large cash payments, unexplained payments from a third party, or use of multiple or foreign accounts

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23
Q

What bribery legislation are you aware of?

A

The Bribery Act 2010

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24
Q

What is a bribe?

A

A bribe is an illegal or unethical gift or lobbying effort bestowed to influence the recipient’s conduct.

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25
Q

What are the penalties for accepting a bribe?

A

Unlimited fines and up to 10 yrs in jail

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26
Q

What are the penalties for being involved in money laundering?

A

Fines and up to 14 yrs in jail

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27
Q

What constitutes an offence under the Bribery Act 2010?

A

Offering or accepting a bribe

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28
Q

What constitutes an offence under the current money laundering regulations?

A

Money laundering describes offences concerning the possession, concealment, conversion, transfer or making of arrangements relating to the proceeds of crime.

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29
Q

How long should you keep anti-money laundering records for?

A

5 years

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30
Q

What is Professional Indemnity Insurance?

A

Professional indemnity insurance protects you against claims for loss or damage made by clients or third parties as a result of the impact of negligent services or advice

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31
Q

What are the RICS requirements relating to PI insurance?

A
  1. Minimum indemnity limit based on turnover
  2. An ‘each and every’ claim basis or aggregate plus unlimited round the clock reinstatement
    basis.
  3. The maximum level of uninsured excess (the part of each claim the firm must pay itself)
  4. Be fully retroactive. PII policies work on a ‘claims made’ basis. This means that the policy covers claims that are first made against the insured during the period of insurance regardless of when the negligent act occurred.
  5. Cover for all past and present employees, including all partners, directors, members and employees.
  6. Run-off cover
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32
Q

What is an aggregation clause?

A

An aggregation clause governs what happens if there is more than one claim under the same policy in the same year.

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33
Q

Is a PII excess usually paid for per claim?

A

Yes

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34
Q

In a negligence claim, what would help to show that you acted with consideration and due process?

A

By demonstrating that all potential defects were considered and ruled out and that any limitations were listed within the report

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35
Q

Can good record keeping help to provide a defence in a PII claim?

A

Yes - the retention of records can assist in the defence of an allegation of negligence

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36
Q

If you were providing services outside of your usual scope to a client, what might you need to do in relation to your PII cover?

A

Obtain written confirmation from my insurer that cover will be extended and applied

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37
Q

What is run off cover?

A

Run-off cover is insurance for claims made against a firm or surveyor after they have stopped doing business

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38
Q

What RICS requirements are there relating to run off cover?

A

RICS requires regulated firms to put in place run-off cove with £1m aggregate limit for a period of six years for consumer claims from the expiry date of the policy in force at the time of cessation, which should be included automatically in the RICS minimum policy wording. However, firms must continue to obtain and purchase run-off cover for longer periods than six years, or with higher cover levels, if they deem that adequate and appropriate.

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39
Q

What changes did RICS recently make to the Minimum Approved PII Wording?

A

The excess requirements for larger firms have been removed, whilst the 2.5% maximum excess requirements for smaller firms remains. The turnover limit above which there will be no excess requirements is set at £10m.

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40
Q

Explain PII requirements relating to fire safety cover and cyber cover.

A

Under the new rules, RICS listed insurers are not permitted, without specific dispensation, to exclude fire safety claims on a property of four storeys or less and fire safety coverage must be provided as a minimum on an aggregate, defence cost inclusive basis. The RICS Minimum Policy Wording also now includes new exclusionary language in respect of Cyber related claims and losses.

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41
Q

How long can a PII claim arise after the work is undertaken

A

6 years

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42
Q

What is the Assigned Risks Pool (ARP)?

A

The assigned risks pool is for firms that are unable to obtain professional indemnity insurance (PII) in the insurance market. It provides emergency cover for a period of up to two years so that firms can continue to practice.

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43
Q

Who might need to access the Assigned Risks Pool?

A

All RICS UK registered firms are eligible for terms from the Assigned Risks Pool.

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44
Q

Explain your understanding of the RICS Guidance Note Risk, Liability and Insurance (1st Edition).

A

The RICS Guidance Note Risk, Liability and Insurance (1st Edition) is intended to assist both RICS-regulated firms and their clients to understand the main risks and liabilities associated with professional services provided by RICS members. It guides firms in the negotiation of equitable contracts with clients and the avoidance of major risks and pitfalls.

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45
Q

Explain when you might agree a liability cap.

A
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46
Q

What are the three key terms that should be considered from a risk perspective in the context of every instruction you undertake?

A

The scope of the work
The basis on which the fee will be calculated
The liability cap

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47
Q

Tell me what you understand about Complaints Handling Procedures (CHP).

A

A Complaints Handling Procedure provides clients with information on how a complaint will be handled by a company

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48
Q

When and how can the RICS be involved in a complaint about a firm or member?

A

RICS may investigate poor service where the service is unacceptably low (and thus is serious enough to warrant an investigation).

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49
Q

Can you tell me about the CPD requirements for members of RICS?

A

All members must undertake a minimum of 20 hours CPD each calendar year (January to December). Of the 20 hours at least 10 hours must be formal CPD. The remainder can be informal CPD.

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50
Q

Why is CPD important?

A

CPD is important as RICS is a standards-based organisation and its members operate in a constantly changing environment, e.g. new legislation.

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51
Q

What is double dipping (dual agency)?

A

When an agent represents both the seller and buyer

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52
Q

Why is double dipping (dual agency) an unacceptable practice?

A

Conflict of interest

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53
Q

How would you close down a regulated firm?

A
  1. Notify PI insurer to arrange run-off
  2. Inform RICS and complete deregistration form
  3. Deal with any client money in line with RICS Client Money Handling
  4. Back and copy files for storage up to 15yrs under Limitation Act
  5. Notify HMRC, bank, accountant etc
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54
Q

What can you tell me about RICS guidance relating to bribery, corruption or money laundering?

A

This guidance sets out mandatory requirements for RICS members and RICS-regulated firms in relation to bribery, corruption, money laundering and terrorist financing. This took effect from 1st September 2019.

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55
Q

What status does the guidance on Bribery, corruption or money laundering hold?

A

It is a professional statement which is mandatory requirements for RICS
members and regulated firms.

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56
Q

What are some of the key principles of the bribery, corruption and money laundering guidance?

A
  1. Not offer or accept anything that could constitute a bribe
  2. Have plans in place to comply with applicable laws
  3. report any suspicious activity
  4. not facilitate or be complicit in money laundering or terrorist financing activities
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57
Q

What must/should firms/members do to comply with the bribery, corruption and money laundering guidance?

A
  • 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)
  • not facilitate or be complicit in money laundering or terrorist financing activities
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58
Q

What are the current RICS rules for registration of firms?

A

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 c at least 50% of the Firm’s Principals are RICS Members

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59
Q

When did registration of firms rules change?

A

Feb 2022

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60
Q

What is a phoenix firm?

A

A phoenix firm is one carrying on the same business or trade successively through a series of companies where each becomes insolvent (cannot pay their debts) in turn.

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61
Q

When must a firm register for regulation?

A

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 c at least 50% of the Firm’s Principals are RICS Members

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62
Q

What are the registration eligibility criteria?

A

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.

A Firm is also eligible to register for regulation by RICS if it meets the requirements of these Rules and either:
a) the Head of Regulation is satisfied that the Firm is implementing an appropriate plan to secure compliance with (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 fulfill the requirements in 4.1

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63
Q

Who is a Responsible Principal?

A

The Responsible Principal is someone that shall take all reasonable steps to ensure that the Firm complies with its regulatory and statutory obligations

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64
Q

What happens if a firm cannot comply with the registration eligibility criteria?

A

A Firm is also eligible to register for regulation by RICS if it meets the requirements of these Rules and either:
a) the Head of Regulation is satisfied that the Firm is implementing an appropriate plan to secure compliance with (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 fulfill the requirements in 4.1

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65
Q

Who is a ‘qualified member’ of RICS?

A

Someone that has qualified as an associate or chartered member

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66
Q

What are the rules around use of the RICS logo and ‘Regulated by RICS’ designation?

A

When using the RICS logo; the chartered surveyor designation and, where applicable in respect of firms, the Registered Firm designation, a Member or Registered Firm must:
a) comply with the Standards and Regulation Board’s Policy Statement and RICS branding guidelines for Members and Registered Firms as set out in Appendix A
b) comply with the Rules of Conduct, Rules for the Registration of Firms and these Rules
c) act in accordance with the obligations set out in RICS’ Royal Charter and Bye-Laws
d) not alter the RICS logo or RICS Registered Firm designation without permission
e) not use the RICS logo in a manner that could have an adverse impact upon its status as a
registered trademark
f) not use the logo or designation(s) in a manner that could bring the profession into disrepute and
g) not use the chartered surveyor designation in a manner that could have an adverse impact on its status as a registered trademark.

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67
Q

When did logo rules last change?

A

Feb 2022

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68
Q

What is the meaning of the RICS motto Est Modus in Rebus?

A

There is measure to all things

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69
Q

What is the RICS mission statement?

A
  1. To qualify and equip their members to offer the highest standards of professional service
  2. To promote and enforce stand
  3. To lead solutions to the major changes facing the built environment through professional expertise
70
Q

When was the RICS founded?

A

1868

71
Q

How is the RICS structured?

A
  1. It was founded in 1868 with the Royal Charter granted by the privy council in 1881
  2. RICS is self regulated and internally monitored meaning that it is not regulated by the government or external parties
  3. Bylaws determine how the RICS is regulated
  4. The governing Council manages and agrees strategy for RICS
  5. The regulatory board, audit committee, and management board are beneath the governing council and execute the strategy set by them
72
Q

What are the RICS 5 principles of better regulation?

A
  1. Proportionality
  2. Accountability
  3. Consistency
  4. Targeting
  5. Transparency
73
Q

What is the difference between RICS ethics and rules?

A

Ethics are a set of moral values whilst rules of conduct are a framework that we work to

74
Q

Why did the previous rules of conduct change?

A

The rules changed following research and consultation with members, firms, and the public. This was to provide a single document to enable greater clarity for members and firms. There is now a greater focus on clearer example behaviours, understanding involving technology, and tackling climate change

75
Q

What is your understanding of the rules of conduct changes?

A

The Rules of Conduct 2021 global practice statement was to overhaul the previous separate documents

76
Q

What are members’ professional obligations?

A
  1. Comply with CPD requirements
  2. Cooperate with RICS
  3. Promptly provide all information reasonably requested by the standards and regulation board, or those exercising delegated authority on its behalf
77
Q

What are the professional obligations of firms?

A
  1. Firms must publish a complaints handling procedure including an ADR provider
  2. Firms must ensure that all previous and current professional work is covered by adequate appropriate professional indemnity cover meeting standards approved by RICS
  3. Firms with a sole principal must make appropriate arrangements for their professional work to continue in the end of the incapacity due to death or absence from work i.e. using a locum
  4. Firms must cooperate with RICS
  5. Firms must provide all information reasonably requested by the standards and regulation board
  6. Firms must display on their business literature in accordance with RICS published policy a designation that they are regulated by RICS
  7. Must report to RICS any matter that they are required to report and the rules for the registration of firms
78
Q

What are the steps of the Ethics decision tree?

A

There are a list of questions that lead to other questions - the results lead to a decision on whether to proceed and what action to take

79
Q

Why do the RICS have rules of conduct?

A
  1. to provide a framework for members and firms to work to and ensure a client receives a high level of service
  2. rules are also useful professional guidance for members
80
Q

Your brother-in-law is a chartered surveyor you find out he’s working outside of the rules of conduct what would you do?

A
  1. Verify the facts and confront him reminding him of his duties as a member of the RICS
  2. Inform the RICS specify my relationship to the person and any corrective action which I believe my brother-in-law is committed to putting in place
81
Q

What are the procedures for a breach of a rule of conduct?

A
  1. Not every shortcoming will necessarily give rise to proceedings
  2. A formal investigation is carried out by the head of regulation of the RICS
  3. RICS can request information and or visit and inspect to investigate compliance
  4. Members must cooperate fully with Enquiries
82
Q

How is a disciplinary proceeding triggered?

A
  1. someone complaining to RICS
  2. Allegation by a client or thrid party
  3. information received or established by RICS
83
Q

when Is a disciplinary panel applicable?

A

For more serious breaches of conduct, these are held in public and the burden of proof is RICS

84
Q

what sort of breach results in expulsion?

A
  1. Gross, persistent, wilful failure to comply with the rules of conduct
  2. Fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliperate discrimination, misappropriation of clients money
85
Q

What procedures must you follow if you are starting up a new practice?

A
  • contact the RICS for guidance and obtain a company start-up pack
  • inform the RICS and register for regulation
  • appoint a contact officer for RICS communication
  • prepare a complaint-handling procedure
  • obtain PI cover
  • Abide by the rules of conduct for firms
  • Use the Regulated by RICS designation on all practice material
86
Q

Can you advertise your new company in the press?

A

Yes as long is it is in a trustful and responsible manner in line with the rules of conduct

87
Q

What type of insurances would you need for new company?

A
  1. PI insurance
  2. Employers liability
  3. Public liability
  4. Buildings insurance for premises
88
Q

What sort of information to register firms have to send to RICS annually?

A
  • it is called an annual return
  • failure to do so results in a fixed penalty
  • includes type of business and staffing, nature of clients, training provision, complaints handling procedures and records, PI insurance details, whether the firm holds clients money
89
Q

What do regulated firms need to put in place when handling clients money?

A

A firm would need to follow RICS standards Client money handling 1st Edition 2019
* hold money in a separate client account
* account only holds client money
* must include the word “client” and name of “firm” in the title of the account
* funds must be instantly available
* client must instruct payment for penalties for removal from high interest account
* ensure that where a client requests that money is held in an account to which it and the firm has access, this is a bank account set up by the client, not a firm bank account
* provide client details in writing of the account, it’s name, and the firm’s procedures for handling client money
* only make payments for client matters

90
Q

What is meant by the term negligence?

A
  • duty of care owed to all clients and third-parties using reasonable skill and care
  • if breached a negligence claim may arise resulting in damages paid
  • negligence is a failure to provide the duty of care that is owed to the client
91
Q

What is the Merrit v Babb case law?

A

A surveyor was sued for negligence by a former client after the surveying firm had ceased to exist and this highlighted the need to ensure that run-off cover is in place

92
Q

What is the limitation period with underhand and deed forms of contract?

A

6 yrs underhand
12yrs deed

93
Q

Must a complaints handling procedure include?

A
  • a redress mechanism
  • details should be issued to the client with the terms of business
  • must be clear quick transparent and impartial and free of charge
  • names and contact details of the nominated investigating person
  • that the complaint must be investigated within 28 days
  • all complaints, their progress and outcomes must be recorded
  • the need to advise PI insurers of a complaint immediately
  • two stages - stage 1 is to consider the complaint stage 2 is to refer to an independent 3rd party (the complainant may be expected to contribute costs)
94
Q

What is an independent redress scheme?

A
  • a consumer scheme designed to handle small issues that would be disproportionately expensive to take to court
  • if the scheme judges in favour of the complainant it is binding
  • if it judges in favour of the firm the complainant can escalate the matter to court
  • RICS firms must specify the redress scheme
95
Q

What would you do if you received a letter of complaint?

A
  • acknowledge receipt and handle it in accordance with the CHP
  • inform the PI insurer
96
Q

What is the client’s money protection scheme

A

A money protection scheme operated by RICS

97
Q

What activities are included as CPD?

A
  • it must have a clear learning objective relevant to my role
  • formal CPD can be classed as Web-based training with structured assessments, formal seminars, providing training to others where research and preparation is required
  • informal CPD is classed as private reading or job shadowing
98
Q

How would you differentiate between types of CPD?

A

I would consult the RICS CPD decision tree

99
Q

What type of articles do you read?

A

I receive the CABE building engineer magazine and use the Building Magazine website

100
Q

Do you keep up-to-date with topical issues?

A

I am on a mailing list for the property care Association webinars and CABE digital and paper media, and RICS journals (Modus/Property Journal), isurv newletter

101
Q

What was the most recent article that you read?

A

RICS consumer guide on spray foam insulation - relates to spray foam installed retrospectively for insulation. Main issues are hidden problems as a result of leaks or condensation. Increasing the thickness of loft insulation at ceiling level is likely to be cheaper and equally effective. Spray foam is also an increased fire risk. RICS advises homeowners to seek independent expertise, commercially separated from
the installer and manufacturer, to advise if spray foam is appropriate for their property. Non-permeable membranes trap moisture. Spray foam can affect the value of a property and is likely to require further investigation.

102
Q

What is your CPD strategy?

A

I attend formal conferences and monthly webinars. Informal CPD is carried out when possible.

103
Q

How does PII benefit the professional?

A

It protects a business for financial losses

104
Q

How does PII benefit a client?

A

They are able to recover financial losses

105
Q

What are the RICS requirements for PII?

A
  • Cover must be made on and each and every claim basis
  • RICS sets out minimum levels of indemnity and maximum levels of uninsured excess
  • Run-off cover must be in place for min. 6 years
106
Q

What are the minimum levels of indemnity and maximum levels of uninsured excess?

A
  • Turnover £100k or less - £250k
  • Turnover £100k to £200k - £500k
  • Turnover £200k plus - £1m

Excess:
Turnover £10m or less - the greater of 2.5% of the sum insured or £10k
Turnover £10m plus - no limit set

107
Q

How can you try to avoid PI claims?

A
  • keep detailed records of meetings and conversations
  • Records recommendations and advice given
  • use proper letters of engagement, scope of services, and terms of engagement
  • don’t advise on specialism outside your field of experience
  • follow RICS guidance and avoid poor management of workload
108
Q

Can a clam be made if an estimate prepared by a QS is incorrect?

A

Only if there was a lack of reasonable care and skill

109
Q

How can you limit of liability when agreeing to terms of appointment with a client?

A

Ensure run off cover is in place and that the appointment is based on reasonable care and skill

110
Q

What are the main elements included within a fee proposal?

A
  • terms and conditions
  • scope of services
  • exclusions
  • assumptions
111
Q

Could you ask the client for more money if you’re free proposal was incorrect?

A

Only if the scope of work or services had increased

112
Q

Once verbal agreement is made what would you do next?

A

Follow it up with a formal letter including the terms & conditions, fees and scope of services

113
Q

What are the RICS requirements for holding client money?

A

A separate client account must be used and accurate accounting records kept

114
Q

What is a conflict of interest?

A

Where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially

115
Q

What procedures could be implemented if two separate departments were working for the same client?

A

Ensure exclusivity of staff, separate communication lines, confidentiality or nondisclosure agreements

116
Q

If a client insisted that he works for them despite a conflict of interest how would you proceed?

A

I would make them aware of the potential for reduced impartiality and seek a letter of instruction from the client to continue. I would agree working procedures to manage the conflict of interest with the clients and the teams involved.

117
Q

Under the bribery act, in what circumstances is a facilitation payment permitted?

A

When you are under duress such as a danger or risk to life or physical threat. The matter would need to be reported thereafter

118
Q

You are offered a prize by a main contractor of an iPad Air what would you do?

A

I would consider that it could be interpreted as a bribe and therefore inappropriate. I will decline the prize and suggest a charitable donation is made instead

119
Q

Receive an invite to attend a theatre with some members of your project in but they have dropped out, would you still attend?

A

No, as they won’t be present it is unlikely to be seen as a business event and I will decline the hospitality. Invite would need to be declared in accordance with the company policies

120
Q

What would you do if you were invited to lunch by a contractor who is tendering on a project you are working on?

A

It could be seen as an offence under the UK bribery act and I would respectfully decline explaining that it is inappropriate. Persistent invitation may need to be reported

121
Q

what is a locum?

A

A locum is effectively another professional who is appointed to ‘stand in’ for the surveyor if they are unable to work

122
Q

What is the Bichard review?

A

An independent Bichard RICS Review which was commissioned by the RICS Governing Council to review the Institution’s purpose, governance and strategy. It followed the Levitt review into treasury management issues in 2018-2019 which recommended an external review.

123
Q

What are the key elements of the Bichard review?

A
  • return control of RIC to members
  • reaffirm that RICS is a professional organisation and not a profit-led enterprise
  • introduction of clear governance structure
  • a revised purpose for the RICS based on enhancing knowledge of surveying and promoting usefulness of the profession
  • Focus more on sustainability and member engagement
  • separate commercial activity from other activities
  • establish a diversity and inclusion panel to advise the standards and regulation board
  • improve technology
  • RICS to reaffirm commitment to work in the public interest
    Review and set out responsibilities of the Standards and Regulation board
124
Q

What was the Levitt review?

A

The Independent Review was commissioned by RICS to investigate articles in the press that alleged that RICS ‘tried to supress a critical internal report into its finances in 2018/2019 and then unfairly dealt with those who sought to explore the issue’

125
Q

What were the general recommendations following the Levitt review?

A

It includes the principles of good governance, the RICS structure and professional ethics.

126
Q

How will Birchards recommendations be implemented by RICS?

A

The recommendation was that they be phased and working groups were set up to implement these changes

127
Q

How do professional integrity and professional ethics differ?

A

“Ethics” are principles that guide behaviour, while “integrity” suggests that we should carry out ethical principles in our daily lives and activities

128
Q

What is modern slavery and its red flags?

A

Modern slavery is when an individual is exploited by others, for personal or commercial gain. Red flags include unusual staffing policies or financial indicators

129
Q

Explain the implications of the Sanctions and Anti-Money Laundering Act 2018.

A

The Act covers anti-money laundering and terrorist funding. Through further regulations, it allows the British government to make provisions for enabling or facilitating the detection or investigation of money laundering and terrorist financing, or the prevention of either.

130
Q

What is the Sanctions List and why should you be aware of it?

A

A list of people or entities that have been sanctioned by the UK government, which may include trading restrictions. Penalty up to 7yrs in prison

131
Q

Why was the Register of Overseas Entities introduced?

A

The Register of Overseas Entities (ROE) was brought into being under the Economic Crime (Transparency and Enforcement) Act 2022 (the Act) and was introduced to address concerns regarding a lack of transparency around who ultimately owns land in the UK.

132
Q

What are the six RICS values published as a result of the Levitt review?

A

integrity, transparency, inclusion, collaboration, advocacy and passion.

133
Q

Explain the impact of the Economic Crime (Transparency and Enforcement) Act 2022.

A

The government has introduced the Economic Crime (Transparency and Enforcement) Act 2022, which is aimed at strengthening the UK’s fight against economic crime. The new measures include: a beneficial ownership register for overseas entities holding UK real estate. strengthening of unexplained wealth orders (UWOs)

134
Q

How do you ensure that you comply with bribery legislation?

A

I follow RICS guidance

135
Q

How do you ensure you comply with money laundering regulations?

A

I follow RICS guidance

136
Q

Tell me about an instance of when you have been offered a gift or hospitality by a client.

A

I haven’t been offered anything by a client but subcontractors would often provide bottles of alcohol at Christmas. The company policy deemed gifts under £50 as acceptable and no need to report. However, I would decline to prevent any assumptions from being made.

137
Q

Tell me about what you would do if you felt that an instruction was outside your scope of experience or knowledge.

A

I would advise the client that this was not something I was experienced in and to seek advice from a chartered surveyor who specilaised in this field. For example, I occasionally get calls for lease extensions and I advise that I am not qualified or competent for these works and that they should look elsewhere.

138
Q

How would you keep client’s money securely and safely held?

A

I don’t handle client money in my current role but would seek RICS guidance if this became a requrement

139
Q

Tell me about how you would handle a client complaint.

A

I would acknowledge it and review in accordance with the company CHP

140
Q

Tell me about your understanding of your firm’s process for escalating a complaint to Alternative Dispute Resolution (ADR).

A

In the event that a complainant did not accept the company position, I would suggest ADR to resolve the dispute and confirm our compliance with their decision

141
Q

Tell me about a conflict of interest check you have carried out.

A

When a potential client contacts me for a quote, I ask them how they obtained my company details, the agent they are buying through, and if they have any connection to my company or the seller. I compare any information provided to ensure there is no relationship with an existing client.

142
Q

If you identified a potential or actual conflict of interest, how could you handle this?

A

I would notify the cllient and explain the risk of reduced impartiality. I would respectively decline the work.

143
Q

Give me an example of when you have acted with integrity?

A

I was overpaid by a client, I informed them and returned the extra amount

144
Q

Tell me about when you have provided a high standard of service.

A

I believe I provide a high standard of service daily. I keep customers informed of updates on the survey, such as progress, I am diligent, and provide them with a clear and detailed report. If asked, I will investigate certain things in more detail

145
Q

Tell me about how you have promoted trust in the profession.

A

I am diligent and provide a client with a clear and detailed report, advising on defects and anything that had the potential to become a defect

146
Q

Explain how you have taken responsibility in your current role.

A

I had to take responsibility to establish the business, gains client instructions, and meet their objectives

147
Q

Tell me about how you treat clients with respect.

A

I communicate formally, listen to their concerns and objectives, and ensure I provide a service they require

148
Q

Tell me about how you treat other surveyors with respect.

A

I don’t often encounter other surveyors but treat all people equally and act in a kind and courteous way

149
Q

Explain the key steps you would take if you decided to set up in practice as a sole trader after qualifying.

A

I would refer to RICS and UK Gov guidance and ensure insurance requirements are met.

150
Q

If a prospective purchaser offered you a financial incentive to accept their offer, explain how you dealt with this.

A

This is not something likely to happen in my role but I would decline it and report it

151
Q

What would you do if you were asked by a client to reduce a fee proposal to win new work?

A

I would review costs and consider it providing it was beneficial to the company and in compliance with regulations

152
Q

What would you do if you became suspicious that a client was involved in money laundering?

A

I would report it to the authorites - National Crime Agency or HMRC

153
Q

What would you do if you became suspicious that a client was involved in terrorist activities?

A

I would report it to the authorites - National Crime Agency

154
Q

If you were to set up in practice on your own, tell me about the types of insurance you would need.

A

PI insurance
PL insurance
Employers liability insurance
Directors insurance

155
Q

What is a professional statement?

A

Mandatory requirements for RICS members and firms

156
Q

What is a guidance note?

A

A document that provides users with recommendations or an approach for
accepted good practice as followed by competent and conscientious
practitioners.

157
Q

What are RICS rules of conduct?

A

These Rules set out the standards of professional conduct and practice expected of members and firms registered for regulation by RICS.

158
Q

What is an international standard?

A

High-level standard developed in collaboration with other relevant bodies.

159
Q

What is an RICS COP?

A

A document that provides users with recommendations or an approach for accepted good practice as followed by competent and conscientious practitioners.

160
Q

What is the RICS jurisdiction guide?

A

This provides relevant local market information associated with an RICS international standard or RICS professional statement. This will include local legislation, associations and professional bodies as well as any other useful information that will help a user understand the local requirements connected with the standard or statement. This is not guidance or best practice material, but rather information to support adoption and implementation of the standard or statement locally.

161
Q

how long should you keep anti money laundering records?

A

5 years

162
Q

What is a liability cap?

A

A liability cap limits the amount of damages that can be claimed by a client in the event of loss, even in the event of a negligent act. This helps firms to manage risk around the provision of surveying services.

163
Q

What RICS information is provided for client money handling?

A
  • Client Money Handling 1st edition Oct 2002 (professional standard)
  • RICS Client money handling professional statement (UK) October 2019
  • RICS Guidelines Fraud response plan May 2022
164
Q

What are some of Birchard’s recommendations?

A

There are 36 recommendations including:
* RICS should reaffirm its commitment to work in the public interest and
for the public advantage.
* RICS Matrics should be re-invigorated to give younger members a
stronger voice in the Institution
* A Diversity and Inclusion Panel should be established to provide advice
to the RICS Board and Standards and Regulation Board.
* RICS needs to significantly improve its technology
* RICS should commission an independent review of its effectiveness and
the degree to which its work is undertaken for the public advantage
every five years.

165
Q

What is the timeline for Birchard’s recommendations?

A

q4 2022 - q4 2023

166
Q

When may RICS investigate a social media post?

A

RICS may investigate a social media post that adversely impacts upon public confidence or trust in the profession.

This includes posts that are:
*Discriminatory (which would also breach the Equality Act 2010)
*Dishonest
*Abusive or threatening
*Bullying, harassing or victimising another person or people
*Shows a pattern of frequent or a high number of concerning posts
*Ignores previous advice or warnings about RICS concerns, or a request from RICS to remove a post

167
Q

What is the structure of the RICS

A

1.Privy Council
2. Governing council
3. Standards & regulation board and Management board
4. Under management board is: Audit, risk assurance and finance, Nominations and Remuneration committee, and worl regional boards

168
Q

What is the composition of the governing council?

A
  • RICS President
  • RICS President-Elect
  • RICS Senior Vice-President
  • Senior Independent Governor
  • 4 Strategy Seats (Academia and Education; Capital Markets and Valuation; Land; Research and Development; Residential; Urbanisation and Planning). 2 Strategy Seats are currently vacant (Research and Development; Urbanisation and Planning)
  • 14 Market Seats (Africa; ASEAN, Australasia; Brazil; Canada; Caribbean; China; Europe x2; Hong Kong; India; Middle East; UK & Ireland x1; USA). 1 UK & Ireland Market Seat is currently vacant
169
Q

What would you do if you came across something not seen before?

A
  • research building regs
  • research books
  • research RICS (isurv)
  • consult with specialist
  • refer to specialist if needed
170
Q

What are the recent Governing Council elections for?

A

RICS members have the chance to elect their preferred candidates to represent them on our highest governance platform. Members will have until 1200hrs (BST) on 24 April 2023 to vote for their preferred candidates across a number of constituencies. UK & Ireland seats are uncontested as the number of applications did not exceed the number of seats available.

RICS (30 decks)

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