What is Rule 2 within the Code of conduct?
Members and firms must maintain their professional competence and ensure
that services are provided by competent individuals who have the necessary
expertise.
I am a member of RICS and the director of a property development company that does not provide surveying services to the public. We have just discovered that one of my co-directors has been misappropriating money that should have been paid to contractors. We have realised that our controls and record keeping were not good enough because this went unnoticed for so long. We are now going to have to go into liquidation. There are a lot of angry people owed money by the company. What happens if they complain to RICS?
The Rules of Conduct apply to members outside their professional practice where their conduct could damage public confidence in the profession.
RICS would consider whether personal or other business conduct was connected to professional practice or professional standing, and whether allegations were serious.
Do I have to refuse to act for a developer seeking to build where the local community objects to the project because I need to act in the public interest?
Acting in the public interest doesn’t mean that you can’t help clients do something that members of the public object to or might disagree with.
There is a public interest in developers having independent professional advice.
You would have to act to prevent harm or a risk of serious harm.
In most countries there will be a planning or licensing process that will consider competing rights before allowing development, and there is a public interest in developers having access to advice from properly qualified professionals.
I’ve got an opportunity to do a new type of work. I’ve some of the knowledge and enthusiasm I need and can do some training to get the rest, but I’ve never done this type of work before. Am I allowed to take up the offer?
You must work within the limits of your competence.
If you have the knowledge, skills and resources you may be able to take on new areas of work without having direct experience in the area.
Doing the work, rather than referring the client to someone else, must be in the interests of the client.
You must be open and honest with the client about the level of your experience.
Make sure you have PII that covers the area of work you are looking to take on.
In the course of working for a client, I’ve found evidence they are breaking the law by dumping hazardous waste instead of disposing of it properly. What should I do?
Consider whether the risk of serious harm outweighs your duty of client confidentiality.
Check whether you have any legal obligations to disclose.
Seek advice if you can do so safely.
Document your decision making.
Consider whether to stop acting for the client.
What is Rule 3 within the Code of conduct?
Members and firms must provide good-quality and diligent service
I’ve recently completed a valuation report. The client wanted a higher number and my employer has asked me to increase the valuation figure in my report. The increase they want is within 10% of my number and they are an important client. If I don’t change it, I think they’ll just ask a more junior colleague to re-do the valuation. Should I just change the number to keep the client happy?
Your professional opinion needs to be honest and objective.
Commercial pressure or client desires are not good reasons to change your professional opinion.
You should protect other professionals from pressure to change their opinion and not revise other professionals’ work without legitimate professional reason.
My client is renovating their properties but they are on a tight budget. Do I have to refuse to work for them if they won’t take the most energy efficient approach to the renovations?
Members and firms should help clients achieve their aims within their budget.
Providing advice and options that consider a range of benefits, and thinking about long-term costs and effects is good for clients.
The Rules expect you to offer advice, not to force the client to act in a way they do not want.
My firm has information about a property that is confidential to client A, but would be relevant to the valuation of a property for client B. Can I use this without breaching confidentiality?
Look at technical standards to establish what information is material and must be shared.
Consider whether you can share material information without breaching confidentiality.
If you would be breaching confidentiality, apply the processes for a resolving a conflict of interest.
If data is sourced through some form of digital process, consider the appropriate level of due diligence needed.
I’ve seen some social media content posted by an RICS member that worries me. Do I have to report it to RICS?
Comments on social media should be made in good faith but can be critical of people or institutions, if the language used and context is professional and appropriate.
Comments that discriminate against people for improper reasons, for example their sex, race, religion or gender, are likely to damage confidence in the profession.
Dishonest, offensive, bullying or harassing content is likely to breach the Rules of Conduct.
I was part of an interview panel for a trainee role with our firm. When we scored the candidates after interviews, I thought we had agreed on the strongest candidate based on their interview and CV. I’ve just found out that the role has been offered to one of the weaker candidates whose father plays golf with our director. When I asked the hiring manager about this, thinking that other candidates might have turned the role down, she said “I was told the candidate we wanted wouldn’t have been a good fit for our company”. Do I need to do anything?
Recruitment decisions should be based on competence demonstrated not on irrelevant factors.
Discrimination against individuals on improper grounds, for example sex, religion or age may be a breach of the Rules and may need to be reported.
Talk to senior people or HR in your firm about improving recruitment decision-making and ensuring diversity and inclusion.
What is Rule 1 within the Code of conduct?
Members and firms must be honest, act with integrity and comply with their
professional obligations, including obligations to RICS.
I’ve accidentally sent a spreadsheet with confidential information about some clients to a surveyor in a competitor firm. What should I do?
Consider whether the information is personal data protected by legislation, or information that is confidential for some other reason (for example your terms of engagement with your client).
Follow proper procedures to report the breach, including to clients and to regulators where necessary.
Identify what you could do differently to reduce the risk of the same thing happening again.
Destroy confidential information that is sent to you accidentally.
What is Rule 4 within the Code of conduct?
Members and firms must treat others with respect and encourage diversity and
inclusion.
I’ve advised my client on the market rent for their property, but they want me to make an opening offer in negotiations with the other party that is higher, even though the tenant is a charity. Can I do this under the Rules?
RICS members can negotiate on behalf of clients.
Be clear about when you are giving professional opinion and when you are acting as an advocate.
Don’t bully the other side or take unfair advantage of vulnerability.
In the absence of any provision in legislation in a specific circumstance, clients who own property in a market economy are entitled to ask any rent they consider appropriate from a tenant.
There is a public interest in those clients being advised by an appropriately qualified professional as this protects the client and other stakeholders.
Professional work should be done diligently in accordance with a client’s instructions.
What is Rule 5 within the Code of conduct?
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.
