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MRICS APC Coaching www.alphapmc.

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Competency : Ethics, Rules of Conduct and professionalism support@alphapmc.com

Ethics, Rules of conduct and professionalism


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Competency : Ethics, Rules of Conduct and professionalism support@alphapmc.com
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• RICS Rules of Conduct [for individuals and firms]


• Conduct befitting a Chartered Surveyor
• Registration of firms
• Complaints procedure
• Conflicts of interest
• Gifts
• Professional Indemnity Insurance
• Client accounts
• Regulation
• Lifelong learning – CPD
• Current RICS structure
• Professional Group
• Current RICS issues and initiatives
Resources for you
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MRICS APC Coaching www.alphapmc.com
Competency : Ethics, Rules of Conduct and professionalism support@alphapmc.com

Who is a professional and what is professionalism?

• In summary, professionals have specialized skills and knowledge which is maintained through
CPD.

• They tend to belong to a professional body that enforces a code of ethics.

• They have strong duties to clients and the public as well as significant power to impact clients and
the public.

• And their effective working relationships with clients are dependent on client trust.
What is Ethics ?
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Derived from the Greek word “ethos”, which means “way of living”, ethics is a branch of
philosophy that is concerned with human conduct, more specifically the behaviour of individuals
in society.

Ethics examines the rational justification for our moral judgments; it studies what is morally
right or wrong, just or unjust.

Few examples: honesty, integrity, competence, service, respect and responsibility


Why Ethics ?
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• Ethical behavior is the foundation of trust between the stakeholders.

• Essential part of you and your companies reputation. It impacts future work prospect.

• Unethical behavior is very contagious.

• Ethics sets you apart as a professional.

• You are the ambassador of the RICS culture

• You are representing the 150000 professionals globally

.
Ethics decision tree
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Ethical or Non ethical
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1. Delaying the payment of contractors

2. Deducting money from contractor for non compliance

3. Taking bribes to provide undue advantage to the contractor

4. Overbilling in RA bills.

5. Safety issues: knowingly engaging in unsafe workplace


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RICS rules of conduct


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Rule-1

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

Example behaviors:

1.1 Members and firms do not mislead others by their actions or omissions, or by being
complicit
in the actions or omissions of others.

1.2 Members and firms do not allow themselves to be influenced improperly by others (as a
result
of, for example, giving or receiving work referrals, gifts, hospitality or payments) or by
their own self-interest.
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1.6 Members and firms are open and transparent with clients about their fees and services.

1.7 Members and firms act to prevent others being misled about their professional opinion.

1.8 Members and firms do not take unfair advantage of others.


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Rule 2

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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Example behaviors

2.1 Members and firms only undertake work that they have the knowledge, skills and resources to
carry out competently.

2.2 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.

2.3 Members and firms check that subcontractors have the necessary knowledge, skills and
resources to do their tasks competently.

2.4 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.

2.5 Members maintain and develop their knowledge and skills throughout their careers. They
identify development needs, plan and undertake continuing professional development (CPD) activities
to address them and are able to demonstrate they have done so. Firms encourage and support
directors, partners and employees to maintain and develop their knowledge and skills, and check that
they are complying with CPD requirements set by RICS.
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Rule 3

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


Example behaviors

3.1 Members and firms understand clients’ needs and objectives before accepting any professional
work.

3.2 Members and firms agree with clients the scope of the service to be provided and its
limitations, and timescales for the work.

3.3 Firms inform clients that they are regulated by RICS and that they may need to disclose records
to RICS where required for regulatory purposes.

3.4 Members and firms inform clients promptly and seek their agreement if it is proposed that any
of the terms of engagement or estimated fees or costs be changed.

3.5 Members and firms undertake their work in a timely manner; with due care, skill and diligence,
and in accordance with RICS technical standards.
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Rule 4
Members and firms must treat others with respect and encourage diversity and inclusion.

Example behaviours

4.1 Members and firms respect the rights of others and treat others with courtesy.

4.2 Members and firms treat everyone fairly and do not discriminate against anyone on any
improper grounds, including age, disability, gender reassignment, marriage or civil partnership,
pregnancy or maternity, race, religion or belief, sex or sexual orientation.
4.3 Members and firms do not bully, victimise or harass anyone.
4.4 Firms check that supply chains do not involve modern slavery or other abuses of the workforce.
4.5 Members and firms report abusive labour practices to proper and recognised authorities if
they become aware of, or suspect, them.
4.6 Members and firms work cooperatively with others.
4.7 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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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.

Example behaviours

5.1 Members and firms question practices and decisions that they suspect are not right, and raise
concerns with colleagues, senior management, clients, RICS or any other appropriate person, body or
organisation where they believe in good faith that it is necessary to do so. Firms provide processes to
allow and support individuals within the firm to raise concerns with senior management.

5.2 Members and firms support directors, partners, employees, colleagues or clients who have
acted in good faith to report concerns.

5.3 Members and firms ensure that public statements made by the firm, or in which members
are (or could be) identified as members of the profession, do not undermine public confidence in the
profession.
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5.4 Members and firms respond to complaints made against them promptly, openly and
professionally.

5.5 Members and firms do not dissuade complainants from approaching an alternative dispute
resolution provider, RICS or any other regulatory body.

5.6 Members and firms cooperate with investigations into complaints or concerns, and provide
information where it is reasonably requested and they can do so lawfully.

5.7 Members consider the effect that any health conditions may have on their competence
or ability to undertake professional work, and inform management or clients where they require
reasonable adjustments or are unable to continue to undertake work competently.

5.8 Members and firms manage their professional finances responsibly..


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Of RICS Member

1. Members must comply with the CPD requirements set by RICS.

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 its behalf.
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1. Firms must publish a complaints-handling procedure, which includes 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 must 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 Standards and
Regulation Board, or those exercising delegated authority on its behalf.

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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Is a gift given to you a bribe?

How will you handle the situation if your subcontractor offers you a gift?
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When a gift is no longer a gift ?

Timing Value Where Reciprocation


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What RICS member can do

• Be familiar with your organisation’s policy on gifts and hospitality

• Understand the requirements for disclosing offers and acceptance of gifts and hospitality

• Notify your line manager or another appropriate person if you suspect that you have been offered a gift or hospitality
with corrupt intent

• Consult your line manager or a colleague if in any doubt as to the right thing to do.

• Consider speaking up to your line manager or another appropriate person if you are concerned that a colleague may
have accepted an expensive gift or significant hospitality that contravenes your organization's policy. If preferred, you
could raise your concerns through your organization's speak up line (or equivalent mechanism).
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Corporate gifts and hospitality policies typically set out:

• Clear definitions of what constitutes ‘gift giving’ or ‘hospitality’

• What type of gift/hospitality can and cannot be given or accepted

• The financial value of gifts/hospitality that can be given or accepted without disclosure

• How and where gifts/hospitality should be recorded when given or accepted i.e. on a gifts and hospitality register

• How employees can refuse gifts or hospitality without causing offence

• How staff can seek further guidance

• Standards for the giving and accepting of gifts and hospitality in the markets the company operates in and how the
company responds to cultural differences in these markets.
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Conflict of Interest
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Definition of party
conflict
RICS member working independently,
or in a RICS regulated firm or in a non
D
regulated firm
U duty owed to another
T client or party in relation to
Y the same or a related
professional assignment
RICS regulated Firm Conflicts with

Cost consulting for different contractors in the same assignment


The duty owed to a court or tribunal when acting as an expert witness and
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Own interest conflict

RICS member working independently,


or in a RICS regulated firm or in a non
D
regulated firm
U the interests of that same
T RICS member/
Y firm

RICS regulated Firm Conflicts with

Working on a unknown assignment without being supervised


Example of aquintance
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Confidential Information Conflict

D
U RICS member working independently, RICS member working independently,
T or in a RICS regulated firm or in a non or in a RICS regulated firm or in a non
Y regulated firm to provide material regulated firm to keep the information
information to one client confidential
Conflicts with

Working on a unknown assignment without being supervised


Example of acquaintance
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How to handle conflict of


interest

Check If no take an
weather it informed
challenges consent from Make a
Identify record of this
the interest the parties
of may be
stakeholders affected
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1. An RICS member or regulated firm must not advise or represent a client where doing so
would involve a Conflict of Interest or a significant risk of a Conflict of Interest.

2. Seek Informed Consent if you think –


Proceeding despite conflict of interest is in the interest of all those who are or may be affected

And it is not prohibited by law

3.How to seek informed consent ?

4. Provide your mitigation measures for conflict of interest

5. Keep records
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Registration of Firm
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Professional indemnity insurance


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6.1 All RICS-regulated firms need to ensure they have adequate and appropriate professional indemnity
insurance in place that complies with the requirements of the RICS Rules of Conduct and the RICS
Professional Indemnity Insurance requirements.

What is PII or professional indemnity insurance?

Professional indemnity insurance covers the cost of compensating clients for loss or damage resulting
from negligent services or advice provided by a business or an individual.

Ref: RICS guidance on Risk liability


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How to identify adequate PII ??


Complaint Handling Procedure MRICS APC Coaching www.alphapmc.com
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1.RICS Rules of Conduct place professional obligations on RICS-regulated firms

2.Firms must publish a complaints-handling procedure, which includes an alternative


dispute resolution provider approved by RICS, and maintain a complaints log

3.An effective CHP should have


• be fit for purpose – it should reflect the size and structure of the business
• made available to all staff – a CHP is intended to provide clarity and consistency to staff
and
clients
• be understood by all staff – keep records of staff training
• readily be shared with complainants or potential complainants – supplying them with a
copy
should be routine
• be regularly reviewed at a senior level – record evidence of review, to include reviewer
details
and review date
• be agreed with PII brokers/provider(s) – the CHP should reflect processes that do not
compromise PII cover and
• provide details of access to independent redress if the firm cannot resolve the complaint.
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Professional groups are the way that RICS segments the various technical specialisms of the profession.
In total there are 18 groups covering the broad spectrum of surveying services.

Benefits of getting involved

•The opportunity to connect, network and engage with other professionals in your field of expertise

•Utilize your professional expertise through contribution to standards, guidance and technical journals

•Share market insight with RICS to influence the future direction of the profession including standards,
technical guidance, entry criteria such as pathways and competences and policy and product
development

•The use of alternative designations (e.g. Chartered Quantity Surveyor) find out more about alternative
designations

•Receipt of a technical journal relating to the professional group's area of expertise


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As a RICS Member or Firm your obligations are

• client money is kept safe

• client money accounts are used for appropriate purposes only and

• RICS-regulated firms have the appropriate controls and procedures to safeguard


client money.
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Requirements of RICS regulated firm

Holding client Information to Receipt of


money client client money

Accounting
Payment from
Records and Compliances
client money
controls
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Formal CPD
1. Online webinars
2. Courses
3. Workshops
4. Others that are relevant to the
pathways have learning
outcomes and two-way
interactions.

Informal CPD

1. Self-study
2. On-job learnings
3. Others that are relevant to the
pathways mostly one-way
interactions.

CPD compliance: As a RICS member you need to complete 20 hours of CPD every calender year 50% of which should
be formal
Probable questions MRICS APC Coaching www.alphapmc.com
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You are attending a Main Contractor organised business conference


where it is announced the you have been randomly selected as the
winner of this months prize draw. Its an i-pad air. How would you act
in this scenario?

You receive an invite to attend the Theatre with some members of


your Project Team but they dropped out due to illness at the last
minute, would you still attend?

A contractor invites you to lunch to a restaurant to discuss the details of their tender they are about to
submit
for the project you are working on. How would you respond?
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Important announcement!!

1. Please go through the professional module on RICS


portal and complete the same

2. Submission window opening on 24 April for India,


Srilanka and South East Asia. Those planning for
submission get in touch one to one as soon as
possible.

3. Please update your candidates tracker time to time .

4. Please get in touch if you are facing difficulties with


submission or understanding any competency
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Please ask your


Questions???
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Thank you for your


attention

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