RICS - Ethics & Rules of Conduct Flashcards

(36 cards)

1
Q

What is RICS rules of conduct Rule 1? What does it mean? (5)

A

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

  1. Do not mislead or take advantage of others
  2. Recognise conflicts of interest and know how to handle these.
  3. Do not be influenced by gifts, bribes or hospitality.
  4. Be open and transparent
  5. Keep client money safe.
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2
Q

What is RICS rule of conduct Rule 2?
What does it mean? (4)

A

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

1.Comply with CPD requirements
2. Supervise colleagues with less experience
3. Check that subcontractors have correct competence.
4. Stay up to date with relevant legislation and codes of practice

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3
Q

What is RICS rule of conduct Rule 3?
What does it mean? (5)

A

Members and firms must provide good quality and diligent service.

  1. Understand client objectives prior to agreement
  2. Be clear on inclusions and exclusions in agreements.
  3. Have quality assurance procedures.
  4. Keep good records in the event of audit
  5. Communicate clearly
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4
Q

What is RICS rule of conduct Rule 4?
What does it mean? (5)

A

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

  1. Discourage bullying/harassment
  2. Work collaboratively
  3. Ensure equal access is provided to all
  4. Do not discriminate
  5. Report issues relating to the above
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5
Q

What is RICS rule of conduct Rule 5?
What does it mean? (5)

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.

  1. Take responsibility for my actions
  2. Support others if they raise concerns
  3. Ensure public communication
  4. Stick to complaints handling procedures
  5. In conflict situations, offer ADR processes
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6
Q

What obligations are set out as mandatory for RICS members? (3)

A
  1. Members must comply with CPD requirements.
  2. Members must cooperate with RICS.
  3. Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on their behalf.
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7
Q

What obligations are mandatory for RICS regulated firms? (7)

A
  1. Firms must publish a complaints handling procedure, which included an alternative dispute resolution provider approved by RICS, and maintain a complaints log.
  2. 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.
  3. Firms with a sole principal mus make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work.
  4. Firms must cooperate with RICS.
  5. Firms must promptly provide all information reasonably requested by the Standard and regulation board.
  6. 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.
  7. Firms must report to RICS any matter that they are required to report under the rules for the registration of firms.
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8
Q

Can you explain the general overview of the New Rules of Conduct (Feb 2022)?

A

Single document that replaces the old rules of conduct for members, rules of conduct for firms and global ethical principles.

Provides a simpler set for people working in the industry, and clearer guidance on what the public will receive from those providing such service, by developing the rules on ethical principles and combining the requirements for members and firms.

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9
Q

What do you need to do to set up an RICS accredited practice? (3)

A
  1. Make an application to the RICS for registration as a firm.
  2. Carry appropriate PI
  3. Have a minimum of 25% of the company’s principles be members of the RICS
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10
Q

What are the CPD requirements for a chartered surveyor?

A
  1. 20 hours per calendar year, at least 10 must be formal.
  2. These must be submitted by the 31st of Jan every year.
  3. Must provide evidence of CPD on ethical standards over a 3 year rolling period.
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11
Q

What is PII? What is it for?

A

Professional Indemnity Insurance.

Provides protection to both a firm and its clients in cases of negligence, errors, omissions or breach of duty claims that cannot be paid from a policy holder’s own resources.

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12
Q

What are the requirements of PII? (2)

What minimum levels are needed when setting up a private practice? (3)

What is a firms maximum uninsured excess?

A
  1. Must be held as in each and every claim.
  2. Must cover directors, staff and former employees.

Minimum cover based on revenue:
1. £100k or less - £250k indemnity
2. £100k - £200k - £500k indemnity
3. £200k+ - £1m indemnity

Firms maximum uninsured excess must not exceed 2.5% of their annual fee income or £10k, whichever is higher.

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13
Q

What is PII run off cover? When would you need it?

A

PII run off cover is a PII that continues to provide protection after a firm has ceased trading. This is needed for claims that arise from work that was carried out whilst the firm was active.

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14
Q

How long must PII run off cover be held for?

A

Required to be held for at least 6 years after a firm has ceased trade as this is the statuary limitation period for negligence claims in the UK.

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15
Q

How would you protect a client’s interests if you decided to give up practice? What is a locum?

A

Have a procedure in place so that services could continue.

A locum is a qualified professional who is temporarily appointed to take over the work of someone who is absent (due to illness, retirement, death etc.)

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16
Q

What are the 2 main professional guidance document types? What are they for?

A
  1. Professional standard document.
    - Set expectations or requirements for RICS members about how they provide services.
  2. Practice information document.
    - Supplementary guidance to support surveyors in delivering services. Guidance is not mandatory and doesnt provide explicit recommendations.
17
Q

Why does the RICS publish guidance notes?

A

To ensure that surveyors now how to act with reasonable competence, which is ensured by acting in accordance with RICS guidance documents.

18
Q

What is the Black Book?

A

Collection of technical practice documents that covers all processes throughout a project life cycle. These are guided to best practice.

19
Q

How do you act with integrity? (5)

A
  1. Being trustworthy in what I do
  2. Being open and transparent
  3. Respecting confidential information
  4. Not allowing bias or conflict of interest influence my decisions
  5. Not offering or accepting gifts or hospitality that might suggest an improper obligation.
20
Q

How do you take responsibility? (4)

A
  1. Be accountable for my actions.
  2. Act with skill, care and diligence.
  3. Ensure appropriate complaint handling procedure is in place.
  4. Be willing to respectfully challenge things that I think are not right.
21
Q

How do you promote trust in the profession? (3)

A
  1. Understanding how my actions affect others and the environment.
  2. Fulfilling my professional obligations.
  3. Acting in a trustworthy manner.
22
Q

What is the difference between ethics and integrity?

A

Ethics - external, applies to an organisations rules and code of conduct and how these have been created to follow moral principles.

Integrity - internal quality of being honest, strong morals and doing the right thing.

23
Q

When is a firm required to register for regulation? (3)

A
  1. Provides surveying services to the public
  2. Operates in the UK
  3. 50% or more of the firms principles are RICS members
24
Q

What must be considered when offered gifts or impartiality? (3)

A
  1. Timing of the gift
  2. Proportionality of the gift
  3. Consideration to the impartiality or perceived impartiality of the gift offered.
25
How do you determine if CPD is formal?
Is it structured learning that has clear learning objectives and outcomes?
26
What is a conflict of interest?
Arises when there is a situation where there may be an actual, perceived or potential risk that the professional judgement of a RICS member or firm will be compromised when taking an assignment.
27
What had the RICS published on conflicts of interest? Is this a guidance note or professional standard?
Conflicts of interest March 2017. This is a professional standard.
28
What are the 3 types of conflict of interest?
1. Party conflict - firm or member acts in the interest of a client or other party in an assignment which conflicts a duty owed to another client in the same or a related professional assignment. 2. Own interest conflict - firm or member acts in the interest of a client in a professional assignment which conflicts with the interests of that same member or firm. 3. Confidential information conflict - firm or member provide information to one client and the duty of that member or firm to another client is to keep that information confidential.
29
What is informed consent?
Occurs when a party who might be adversely affected by a conflict of interest acknowledges the existence of that risk but agrees to instruct a member or firm with an assignment.
30
What is a bribe?
A reward offered to gain any commercial, contractual or personal advantage.
31
What are the 4 main types of bribery offence in the Bribery Act 2010?
1. Bribing another person 2. Being bribed. 3. Bribing a foreign official 4. Failure by an organisation to prevent bribery.
32
What are the 6 principles of adequate procedures in the Bribery Act?
1. Proportionality - action taken should reflect size of organisation 2. Top level commitment - senior management ensure there is no bribery within business 3. Risk assessment - should be carried out to show risk of bribery. 4. Due diligence 5. Communication - policies should be well communicated 6. Monitoring and review
33
What is money laundering?
Term used to describe process which criminals disguise criminal proceeds by making them appear as they come from a legitimate source.
34
Where do you report suspicions of bribery or money laundering?
National crime agency
35
What is the difference between ‘any one claim’ and ‘aggregate’ insurance cover?
1. Any one claim - policy provider covers up to the limit for each individual claim made. 2. Aggregate - policy providers covers up to the limit for all claims made.
36
What happened in Merret vs Babb (2001)?
Babb completed a negligent valuation for a house purchased by Merret. Original company no longer existed and so Merret pursued Babb individually