ETHICS - What is the organisational structure of the RICS?
Four tiered structure:
(1) Governing Council - Sits at the top of the structure, and sets the overarching strategic objectives of the RICS.
(2) RICS Board - Sits beneath the Governing Council, and undertakes the day-to-day management of the RICS, ensuring the strategic objectives are pursued
(3) Standards and Regulation Board - Independent body that regulates and accredits professionals, enforces ethical standards
(4) Other bodies - Regional bodies, Sector specific bodies (E.g. project management), Matrix and LionHeart
ETHICS - How does the RICS uphold professional standards in the industry?
(1) Accredits professionals who demonstrate technical competence and ethical standards
(2) Issues professional standards and guidance notes
(3) SRB regulates and enforces standards
ETHICS - What are the five rules of conduct?
(1) Maintain Professional Competence
(2) Act with Integrity and Honesty
(3) Provide a high quality of service
(4) Treat others with respect
(5) Act in the Public Interest
ETHICS - What are professional standards?
Professional standards are mandatory requirements that all members must oblige and adhere to.
Include: (1) Rules of Conduct (2) Countering Bribery, Corruption, Terrorist Financing and Money Laundering (3) Client Money Handling (4) Conflict of Interest
ETHICS - What are guidance notes?
Practice information provided by the RICS which establishes recommended best practice for firms and surveyors. These are not mandatory, but surveyors should consult and use wherever possible to ensure a high standard of service.
Include: (1) Management of Risk (2) Stakeholder Management
ETHICS - What are the RICS CPD Requirements?
Currently the CPD requirements are:
1) Trainees must undertake 48-hours of recorded CPD per year, 24 hours should be formal with clear learning outcomes
2) Members must undertake 20 hours of CPD, 10 hours should be formal with clear learning outcomes
3) Members must familarise themselves with Ethics and Professional Standards every three years
From January of next year however, there are some changes:
1) More flexibility - members can bring forward 15 hours of CPD to the following year if undergoing a structured qualification
2) Mandatory topics increased to include (1) sustainability (2) AI and (3) Ethics
ETHICS - Talk me through rejecting a gift on 1ES
1) Gift offered was an expensive case of wine following recommendation of tender to D&E contractor
2) Immediately rejected the gift and notified my manager. Logged on gift register anyway for clarity.
3) Considered CB, ML, TF, C professional standard. Not considered bribery, however:
4) Felt inappropriate due to (A) value and (B) context following tender recommendation
5) Considered the Ethical tree - whilst legal, I did not feel it was in line with the Rules of conduct (promoting trust in the profession) and would not be happy to justify it
ETHICS - How do you act in line with the RICS rules of conduct?
1) Professional Competence - Undertaking CPD
2) Integrity - Rejecting gifts if inappropriate
3) Good quality and diligent service - producing high quality output, in a timely manner in line with clients requirements
4) Treat others with respect - fair and transparent tendering process, providing feedback to unsuccesful tendering parties
5) Act in the public interest - consulting with third party stakeholders
ETHICS - Talk me not through providing construction cost advice / letting value advice
1) Asked by client to give ballpark estimates for future lettings values and construction costs for proposed scheme to inform feasibility studies
2) Declined as not in my area of expertise, did not act with integrity, and could lead to errors or omissions that could negatively impact the works
ETHICS - Talk me through ensuring an equal tendering approach on 1TS?
1) Recommended to the client that the objective assessment criteria be issued to tendering parties.
2) This was in line with Rules of Conduct, but also ensured high quality tender returns specific to the clients objectives
3) Criteria = Cost (25%) ; Programme (25%) ; Experience (25%) ; Sustainability (25%)
ETHICS - What does the conflict of interest professional standard say?
1) Conflict of interest is a situation whereby a member has competing duties which compromise their ability to act impartially and in favour of the client
2) Defines three types (A) Party Conflict - duty to one party is in contravention to another ; (B) Own-Interst - Ones own interest contravenes the interest of the client ; (C) Confidential Information - Duty to disclose information to one party is in contravention to keep confidential
3) Sets parameters when dealing with COI - (1) Establish the facts (2) Higlight conflict of interest to parties (3) Seek alternative means to carry out work (4) Obtain informed consent (5) If in doubt, do not proceed.
ETHICS - What does the Countering Bribery, Corruption, Money Laundering and Terrorist Financing Professional Standard Say?
1) Do not offer, accept bribes
2) Undertake DD on Clients
3) Have an accepted gift policy
4) Provide training
5) Keep records
Updated recently to incorporate sanctioned entities, provides additional guidance on emerging risks, and focuses on additional training
ETHICS - What does the RICS Client Money Handling Professional Standard Say?
1) Client monies should be held in a named separate account
2) Only used for intended purposes
3) Payments made promptly
4) Unidentified monies return to correct recipient
5) Records Kept
ETHICS - What is the role of the RICS?
1) Accredit professionals
2) Act in line with public interest
3) Provide guidance to governments and policy makers
4) Maintain standards for firms and surveyors
ETHICS - Why do you want to join the RICS?
1) Accredited as a professional
2) Recognised as someone who acts ethically, and in line with the Rules of Conduct
3) Access CPD and training
ETHICS - What is your companies gift policy?
1) All gifts declared no matter the value
2) Approval of gifts above £50
3) Above £50, seek MD approval
4) No gifts offered without prior consent - above £1,000 CEO approval
5) No gifts to public bodies
ETHICS - Is it ever acceptable to receive a gift?
ETHICS - What are the 7 obligations of RICS regulated firms?
1) CHP published
2) Relevant PI policy
3) Procedure in place in the event of a sole trader not being able to work
4) Demonstrate in RICS literature
5) Comply with the RICS
6) Provide information to the SRB if requested
7) Report any matters to the RICS that reportable - i.e. insolvency
ETHICS - What does the Management of Risk Guidance Note say?
1) Defines a risk as an event which if occured would materially impact the project
2) Highlights the importance of risk management
3) Highlights risk management process - identify, assess, mitigate, review
4) Provides assessment techniques, both quantitative and qualitative
ETHICS - What does the Stakeholder Managament Guidance note say?
1) Highlights the importance of stakeholder management and engagement
2) Based on several principles, including:
A) Consult
B) Communicate
C) Plan
D) Relationships
E) Compromise
ETHICS - What is the Levitt Review
1) Review in 2021 following a Treasury Audit in 2018, where the RICS’ overdraft facility needed to be extended by £3m.
2) Highlighted governance failures, with a lack of clarity on roles and responibilities
3) Governing Council were not kep informed of internal processes.
4) 18 recommendations - all of which were accepted, including: 1) Incresed role of governing council 2) Increased frequency of management meetings per year
ETHICS - What does the RICS say about whistleblowing?
RICs are clear that:
1) RICS members have an obligation to report serious breaches of RICS standards
2) Balancing confidentiality vs public interest - client confidentiality should be respected, however if maintaining confidentiality would cause significant harm to the public, the duty to report outweighs confidentiality obligations
3) Recommendation that all companies have a whistleblowing policy.
ETHICS - What is the Bichard Review
1) A Review in 2021 following the governance failure outlined in the Levitt Review. Purpose was to restore trust, clarify RICs purpose, and ensure the institution acts for the public advantage
2) Introduced the RICS Board
3) Strenghten the autonomy of the SRB
4) Increase focus on younger members, diversity and inclusion.
ETHICS - What is the Royal Charter?
The mechanism (given by powers from the Crown) for the RICS to (1) Set and enforce standards (2) Regulate members and (3) Act in the public interest