Mandatories Questions from book Flashcards

(84 cards)

1
Q

What is the role of the RICS?

A

Advancing the highest ethical and technical standards for professional in land property and the built environment.
Protecting and providing benefits to consumers by enforcing standards and codes of best practice.
Providing impartial advice to governments, buisnesses and the public.
Equipping RICS memebers with leading edge advice, market insight and professional training.
Promoting RICS status and standards in key worldwide markets as the mark of property professionalism.

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2
Q

What is the Royal Charter?

A

It was awarded in 1881 by Queen Victoria, the Royal Charter requires RICS to promote the usefulness of the profession for the advantage of the UK Public and in other parts of the world.

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3
Q

Where are the RICS’ international headquarters located?

A

12 Great George Street, Parliament Square, London.

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4
Q

What is the motto of the RICS?

A

‘Est modus in redus’ - there is measure in all things.

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5
Q

Can you tell me what Lionheart is?

A

Lionheart is an independent charity run by RICS professionals, for RICS professionals.
Benevolent fund established over 100 years ago
The services include a range of financial support and legal advice and help if a member or loved one becomes seriously ill.

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6
Q

Why do you want to be a Chartered Surveyor (MRICS)?

A

RICS is the largest internaltion property insitution in the world. By joining I will get globa recognition and will become part of an international professional community.
I will get elite professional status, guidance, information and support.
I will be part of promoting best practice in the profession.

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7
Q

What is RICS Matrics?

A

RICS Matrics supports new memebers entering the profession, as well as working with RICS to shape the future of surveying and grow the size and respect of the profession across industries globally.

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8
Q

What is the role of the Standards and Regulation Board?

A

The Standards and Regulation Board has exclusive responsibility for exercising RICS’s regulartory fuctions, inlcuding strategy, governance, structure, policy and operational oversight in the public interest.
It oversees the activitied of RICS’ prossional standards, entry and admission to the profession, education and qualification standards, regultory operations, dispute resolution services and the Regulatory Tribunal.
The Board is independantly led and comprises of non-memebers (independant) and members of RICS, and reports to Governing Council.

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9
Q

Can you give me an overview of RICS’ governance structure?

A

Under the Royal Charter, RICS’ governing body is the Governing Council, which is responsible for approving RICS strategy and vision, overseeing the effective delivery of the strategy’ as well as standards and regulation. Governing council is also responsible for approving changes to RICS’ constitution. Governing Council is supported by the Executive Board and expert governance bodies populated by active RICS members, RICS employees and independent non-executives.

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10
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A
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11
Q

Can you explain your understanding why the Levitt Review was commissioned?

A

Alison Levitt QC was commissioned to conduct an independant review into historic treasury management matters and subsequent actions at the RICS.

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12
Q

What were the key objectives of the Levitt Review?

A

To consider the way in which the internal report was commissioned, dealt with and to determine whether there were any short comings.
To consider whether any shortcomings repersented a failure of governance.
To make recommendations for the future.

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13
Q

What were the key conclusions of the Levitt Review?

A

Sound governance principles were not followed by RICS.
The Review found that the Non-executive Board members’ concerns were legitimate and that they were wrongly dismissed from their roles.
A lack of clarity around the roles and responsibilities of the various RICS Boards, senior leadership and management.

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14
Q

What is the Bichard review and why was it commissioned?

A

The Bichard Review was commissioned by the Governing Council in December 2021, following a recommendation in the Levitt Review that a “wide-ranging examination of purpose, governance and strategy” should be conducted by an external reviewer, replacing ‘Defining our future’.

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15
Q

What was Lord Bichard’s remit?

A

The review aimed to clarify the purpose of RICS, make proposals on its governing structure, and make proposals for the incoming leadership and governing body on the future culture and strategy of the institution.

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16
Q

How does RICS ensure standards of professional conduct and practice are upheld?

A

The Rules of Conduct effective from 2nd February 2022, applies to all members and firms regulated by RICS and are based on ethical principles of honesty, integrity, competence, service, respect, and responsibility.

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17
Q

What is the first Rule of Conduct?

A

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

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18
Q

What is the second Rule of Conduct?

A

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

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19
Q

What is the third Rule of Conduct?

A

Members and firms must provide good-quality and diligent service.

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20
Q

What is the fourth Rule of Conduct?

A

Members and firms must treat others with respect and encourage diversity and inclusion.

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21
Q

What is the fifth Rule of Conduct?

A

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.

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22
Q

What are the Rules of Conduct?

A
  1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
  2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
  3. Members and firms must provide good-quality and diligent service.
  4. Members and firms must treat others with respect and encourage diversity and inclusion.
  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.
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23
Q

Can you provide 5 example behaviours to comply with Rule 1?

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

A
  1. Members and firms do not mislead others by their actions or omissions, or by being complicit in the actions or omissions of others.
  2. Firms have effective processes to identify actual and potential conflicts of interest, to enable appropriate desisions to be made on whether to accept work, and to keep records of decisions made about actual and potential conflicts of interest.
  3. Members and firms are open and transparent with clients about their fees and services.
  4. Members and firms do not take unfair advantage of others.
  5. 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.
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24
Q

What are 5 example behaviours to comply with Rule 2?

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

A
  1. Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
  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.
  3. 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.
  4. Members maintain and develop their knowledge and skills throughout their careers, identifying development needs and planning CPD activities.
  5. Members and firms stay up to date and comply with relevant legislation, codes of practice and other professional and relevant technical standards.
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What are 5 example behaviours to comply with Rule 3? ## Footnote Rule 3: Members and firms must provide good-quality and diligent service.
1. Members and firms understand clients' needs and objectives before accepting any professional work. 2. Members and firms agree with clients the scope of the service to be provided and its limitations, and timescales for the work. 3. Members and firms communicate with clients and others clearly and in a way they can understand. 4. Members and firms understand the risks and benefits of using relevant technology. 5. Firms have effective quality assurance processes for their work.
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What are 5 example behaviours to comply with Rule 4? ## Footnote Rule 4: Members maintain and develop their knowledge and skills throughout their careers, identifying development needs and planning CPD activities.
1. Members and firms respect the rights of others and treat others with courtesy. 2. Members and firms do not bully, victimise or harass anyone. 3. Firms check that supply chains do not involve modern slavery or other abuses of the workforce. 4. Members and firms work cooperatively with others. 5. Members and firms develop an inclusive culture in their workplaces, support equal access and opportunity for all, and identify and address unconscious bias.
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What are 5 example behaviours to comply with Rule 5? ## Footnote 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.
1. Support individuals who report concerns in good faith. 2. Respond to complaints promptly, openly, and professionally. 3. Do not dissuade complainants from seeking alternative dispute resolution. 4. Manage professional finances responsibly. 5. Take action and report suspected significant breaches of the Rules of Conduct.
28
Please can you list the core professional obligations for members detailed in Rules of Conduct - Appendix A?
1. Comply with CPD requirements set by RICS. 2. Cooperate with RICS. 3. Promptly provide all information reasonably requested by the Standards and Regulation Board.
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Please can you list the core professional obligations for firms detailed in Rules of Conduct - Appendix A?
1. Publish a complaints-handling procedure, including an approved alternative dispute resolution provider. 2. Ensure professional work is covered by adequate professional indemnity cover. 3. Make arrangements for professional work to continue in case of incapacity or absence. 4. Cooperate with RICS. 5. Promptly provide all information reasonably requested by the Standards and Regulation Board. 6. Display RICS designation on business literature. 7. Report required matters to RICS.
30
What is the overarching principle regarding the use of social media for RICS members?
The standards expected of members do not change when communicating through social media compared to face-to-face or traditional media.
31
What should you do if you witness junior colleagues acting inappropriately at a work social event?
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.
32
Why does RICS publish guidance notes and do Chartered Surveyors have to follow them?
If a surveyor faces a 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.
33
What is the 'Black Book'?
The 'Black Book' is a collection of technical practice documents which covers all processes throughout the construction project life cycle. The documents are essential development tools for junior professionals working through their APC and useful guides to best practice for more experienced professionals.
34
Are you aware of any regulation associated with the use of the RICS logo?
Rules for the use of the RICS logo and designation by firms. Guidelines for the personal use of the RICS logo and designations by RICS professionals.
35
What are the two new definitions for professional guidance introduced by RICS?
Professional Standards and Practice Information.
36
What is the purpose of a Professional Standard document?
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, and best practice that surveyors should follow.
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What is the purpose of a Practice Information document?
It provides 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. ## Footnote Practice Information can include 'definitions, processes, toolkits, checklists, insights, research and technical information or advice'.
39
How do you act with integrity?
By being trustworthy in all that I do, being open and transparent in my work, respecting confidential information, not taking advantage, avoiding bias or conflicts of interest, and not offering or accepting gifts that suggest an improper obligation.
40
Why must you act within your professional capabilities/competence?
To ensure I do not advise my clients incorrectly, which could lead to a complaint or claim of negligence.
41
How do you take responsibility?
By being accountable for all my actions, acting with skill, care, and diligence, ensuring an appropriate complaint handling procedure is in place, and being prepared to respectfully challenge and raise matters with colleagues if something seems wrong.
42
How do you provide a high standard of service when executing your professional appointments?
By ensuring my client receives the best possible advice and support, acting within my scope of competence, being transparent about fees and costs, and communicating in a way that allows my client to make informed decisions.
43
How do you promote trust in the profession?
By understanding how my actions affect others and the environment, fulfilling my professional obligations, and acting in a trustworthy manner in both my professional and private life.
44
What should an individual do to maintain a high ethical standard in their profession?
Keep their actions under review, maintain CPD appropriate to their area of work, follow advice from professional bodies on ethical behaviour, help their organisation develop ethical ways of working, and address any unethical behaviour by others where appropriate.
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What 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. Ensure adequate planning, training and ethical performance monitoring when implementing change. Encourage staff to progress their APC and become chartered with RICS. Promote CPD in the relevant area.
47
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 organisation's rules, regulations and organisational code of conduct that have been created to allow employees to work following moral principles.
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Are you aware of any tools produced by RICS to help members make ethical decisions?
RICS have produced an ethics decision tree which can be used to consider any ethical matter or situation.
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Are you aware of any rules associated with registering a firm with RICS?
Rules for the registration of firms - Version 8 with effect from 2nd February 2022.
51
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.
52
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.
53
What is a locum?
A locum is effectively another professional who is appointed to 'stand in' for the surveyor if they are unavailable due to the sole principal's death, incapacity or other extended absence.
54
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).
55
How does professional indemnity insurance (PII) cover relate to locums?
Locums need to be covered for any work under them whilst the sole practitioner is unavailable. This could be under their own cover, if appropriate, or under the firm's PII policy.
56
Can you accept a gift from your client or contractor?
Gifts and hospitality can be accepted in certain circumstances, but one should consult the ethics decision tree and make an informed decision.
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What key points should be noted when accepting gifts or hospitality?
Consider the timing, proportionality, and impartiality of the gift or hospitality offered.
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What things would you consider when assessing if a gift or hospitality is appropriate to accept?
Consider the value, timing, proportionality, impact on impartiality, comparison to others, and alignment with RICS Rules of Conduct.
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What does CPD stand for?
Continuing professional development.
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What are the CPD requirements for Chartered Surveyors?
Members must undertake a minimum of 20 hours CPD each calendar year, with at least 10 hours being formal CPD. They must maintain a relevant understanding of RICS standards and record their CPD activity online by 31st January.
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What sort of professional development have you done during your training period?
In-house training courses, external training courses, personal reading of relevant articles, mock final assessment interviews, seminars, and lectures.
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How would you define formal and informal CPD?
Formal CPD is structured learning with clear objectives. Examples include professional training courses and structured online training.
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Can you accept a gift from your client or contractor?
Gifts and hospitality can be accepted in certain circumstances, but one should consult the ethics decision tree and make an informed decision.
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What key points should be noted when accepting gifts or hospitality?
Consider the timing, proportionality, and impartiality of the gift or hospitality offered.
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What things would you consider when assessing if a gift or hospitality is appropriate to accept?
Consider the value, timing, proportionality, impact on impartiality, comparison to others, and alignment with RICS Rules of Conduct.
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What does CPD stand for?
Continuing professional development.
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What are the CPD requirements for Chartered Surveyors?
Members must undertake a minimum of 20 hours CPD each calendar year, with at least 10 hours being formal CPD. They must maintain a relevant understanding of RICS standards and record their CPD activity online by 31st January.
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What sort of professional development have you done during your training period?
In-house training courses, external training courses, personal reading of relevant articles, mock final assessment interviews, seminars, and lectures.
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How would you define formal and informal CPD?
Formal CPD is structured learning with clear objectives. Examples include professional training courses and structured online training. Informal CPD is self managed learning that is relevant or related to my professional role. Examples include; private study, on-the-job training and attending informal seminars where the focus is on knowledge sharing.
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What tools are available to determine if CPD is formal or informal?
RICS have produced a CPD decision tree.
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Are there any activities that cannot count towards a member's CPD requirements?
Yes, any activity that does not have a clear learning purpose, or does not relate to a member's role and/or specialism cannot be considered as appropriate CPD.
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How is CPD recorded once a surveyor is qualified (MRICS)?
CPD can be recorded on RICS' website or by the app.
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How will you go about selecting CPD subjects over the next 12 months?
I will target CPD in the following areas: - Consider weak and limited areas of my knowledge to develop. - Consider industry 'hot topics' that may be relevant for the next 12-18 months. - Consider future projects and the knowledge I'll need to execute my professional appointment.
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How do you keep up to date with 'hot topics' and developing issues within the industry?
* I regularly review RICS' website and journals. * I've registered with Key CPD providers and receive regular information on the lastest industry matters. * Discussions with colleagues. * I regularly read construction related news * I keep in touch with my employer's research team and read their publications
76
Can you explain what a conflict of interest is?
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.
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Has the RICS published any information on conflicts of interest?
Conflicts of interest, 1st edition, March 2017.
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What are the three types of COI?
1. Party conflict 2. Own interest conflict 3. Confidential information conflict
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What is informed consent?
Informed consent occurs when a party who might ne adversely affected by a COI acknowledges the existance of the risk but still agrees to instruct an RICS-regulated firm or RICS member to proeed with the assignment.
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What action should someone take if a COI sitution (or potential situation) arises?
As soon as you become aware, diclose to the client in writing and detail the nature of the conflict. Consider if you are able to act without bias and are able to provide impartial advice. The obtain informed consent from the parties involved.
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What is a bribe?
An inducement or reward offered, promised, or provided to gain any commercial, contractual, regulatory, or personal advantage.
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What is the Bribery Act 2010?
The Bribery Act 2010 covers criminal law relating to bribery. The Act contains four main bribery offences: * Bribing another person * Being bribed * Bribing a foreign public official * Failure by a commercial organisation to prevent bribery
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What are the 6 principles of the Bribery Act 2010?
1. Proportionality: The action taken should be proportionate to the risk and size of the organisation 2. Top level commitment: Those in senior positions are best placed to ensure the organisationconducts business without bribery. 3. Risk assessment: Many organisations will have little or no risk of bribery, but a risk assessment will show the nature or extent of exposure to bribery. 4. Due diligence: Due diligence procedures must be applied, taking a proportionate and risk based approach, with regard to individuals who perform or wo;; perform services on behalf of the organisation. 5. Communication: Employers will need to communicate their policies and procedures to staff and others who will perform services, additional training may help raise awareness (proportionate to the size and type of organisation). 6. Monitoring and review: As an overaching principle, organisations should monitor and review procedures designed to prevent bribery by persons associated with it and make improvements where necessary.
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