RICS Professional Ethics - delever.co.uk€¦ · moral principles or code ... Institution of Civil...

18
DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140 [email protected] © DeLever Limited 2017 1 RICS Professional Ethics Explained & discussed © DeLever 2017 Jon Lever FRICS Managing Director of DeLever Chartered Quantity Surveyor 27+ Years Professional, enthusiastic, motivational speaker DeLever UK APC Training BWA DeLever Middle East APC Training RICS UK Licenced APC Assessor Trainer (6,000+ Trained) RICS UK Licenced Associate Assessor Trainer RICS UK APC Assessor Auditor trainer RICS Regulatory Board member (2007 to 2011) RICS Ethics Sub-Committee member (2011 to 2014) RICS Governing Council Member (2015 to 2019) RICS Training Advisor East & East Midlands RICS APC Chairman of Assessors RICS Matrics and RICS Conference speaker RICS Training: Consultant Trainer Agenda Ethical Principles RICS Global Ethical Standards What’s new on the Ethics scene Typical APC questions

Transcript of RICS Professional Ethics - delever.co.uk€¦ · moral principles or code ... Institution of Civil...

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 1

RICS Professional Ethics Explained & discussed

© DeLever 2017

Jon Lever FRICS

• Managing Director of DeLever

• Chartered Quantity Surveyor 27+ Years

• Professional, enthusiastic, motivational speaker

• DeLever UK APC Training

• BWA DeLever Middle East APC Training

• RICS UK Licenced APC Assessor Trainer (6,000+ Trained)

• RICS UK Licenced Associate Assessor Trainer

• RICS UK APC Assessor Auditor trainer

• RICS Regulatory Board member (2007 to 2011)

• RICS Ethics Sub-Committee member (2011 to 2014)

• RICS Governing Council Member (2015 to 2019)

• RICS Training Advisor East & East Midlands

• RICS APC Chairman of Assessors

• RICS Matrics and RICS Conference speaker

• RICS Training: Consultant Trainer

Agenda

• Ethical Principles

• RICS Global Ethical Standards

• What’s new on the Ethics scene

• Typical APC questions

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 2

RICS, the Royal Charter

• Incorporated by Royal Charter

• Sets out the objective of the Institution:

• To “maintain and promote the

usefulness of the profession for the

public advantage.”

• Amended from time to time by the

‘Supplemental Charter’ “There is proper measure in all things” (Latin)

1792: First meeting

1868: RICS Council

2018:

RICS Constitution

Constitution Rules Information Guidance

Ethics

5

5 principles of better regulation

• Are relevant!

• But are NOT the

5 Global Ethical Standards

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 3

Ethics - Generally

• Following a set of standards

• In professional & personal life

• Meeting standards of behaviour

• Expected of ALL members

Ethics - What we already know!

• RICS 5 principles of better regulation

• Professional & Ethical standards

• Our own ‘Moral Values’

• Following RICS Rules on ethical

behaviour could be a ‘partial’ defense

should we be accused of negligence…

Ethical - Research

“A motivation based on ideas

of right and wrong”

“The philosophical study of

moral values and rules”

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 4

Ethics - Defined

Ethics?

“science of morals,

moral principles or code”

Morals?

“standard of conduct respected by

good men independently of positive law & religion”

Ethics – 5 principles

• Are relevant!

• But are NOT the

5 Global Ethical Standards

Ethics – 5 principles

1. Professional Ethics is a ‘process’

• Not a fixed text to be learned

• Way of viewing behaviour

• Constantly changing standards

• Ethical view TODAY may be different TOMORROW

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 5

Ethics – 5 principles

2. Human behaviour

• Motive

• Money

• Power

• Compassion

Ethics – 5 principles

3. Actions (= consequences)

• Every force has an equal and

opposite reaction

(Newton’s Third Law of Physics)

• Focusing on the issue of consequence

Ethics – 5 principles

4. Point of view

• Dependent upon a individuals point of view

• Influenced by many factors

• Influenced by published codes and standards

• Often difficult in an international dimension

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 6

Ethics – 5 principles

5. Good ethical business

• Rests on mutual vulnerability

• All susceptible to actions of others

• To be treated how we treat others

• RESPECT / REPUTATION

is NOT a right. It MUST be EARNED

RICS GLOBAL Ethical Standards

1. Act with Integrity

2. Always provide a high standard of service

3. Act in a way that promotes trust in the profession

4. Treat others with respect

5. Take responsibility

1. Act with integrity

“This means being honest and

straight forward in all that you do”

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 7

1. Act with integrity

Including but not restricted to:

• Being trustworthy in all that you do

• Being open and transparent in the way you work.

• Respecting confidential information of your clients

• Not taking advantage of a client, a colleague etc

• Not allowing bias, conflict of interest etc

• Making clear to all parties about a conflict of interest etc

• Not offering or accepting gifts, hospitality or services etc

• Acting consistently in decisions or advice etc

2. Always provide a high standard of service

“This means always ensuring that

your client, or others to whom you

have a professional responsibility,

receive the best possible advice,

support or performance of the

terms of engagement you have agreed”

2. Always provide a high standard of service

Including but not restricted to:

• Be clear about your service etc

• Act within your scope of competence

• Be transparent about fees and any other costs

• Communicate with your client in a way that will

allow them to make informed decisions

• If you use the services of others then ensure

that you pay for those services as agreed etc

• Encourage your firm or organisation you work

for to put the fair treatment of clients at the centre

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 8

3. Act in a way that promotes trust in the profession

“This means acting in a manner,

both in your professional life and

private life, to promote you, your

firm or organisation you work for

and the profession in a professional

and positive way”

3. Act in a way that promotes trust in the profession

Including but not restricted to:

• Promoting what you and the profession stand for

• Understanding that being a professional is

more than just about how you behave at work

• Understanding how your actions affect others

• Fulfilling your obligations. Doing what you say you will

• Always try to meet the spirit of your professional

standards and not just the letter of the standards

4. Treat others with respect

“This means treating people with

courtesy, politeness, and

consideration, no matter their race,

religion, size, age, country of origin,

gender, sexual orientation or disability.

It also means being aware of cultural

sensitivities and business practices”

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 9

4. Treat others with respect

Including but not restricted to:

• Always being courteous, polite and

considerate to people come into contact with

• Never discriminate against anyone

for whatever reason

• As much as you are able, encourage your

firm or organisation you work for to put the

fair and respectful treatment of clients at

the centre of its business culture

5. Take responsibility

“This means being accountable

for all your actions – don’t blame

others if things go wrong, and if

you suspect something isn’t right

be prepared to do something”

5. Take responsibility

Including but not restricted to:

• Always act with skill, care and diligence

• If someone makes a complaint … respond in an

appropriate and professional manner

• If you think something is not right, being prepared

to question it and raise the matter as appropriate

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 10

Ethics – RICS definition

Ethics?

“Giving of one’s best to ensure that clients’

interests are properly cared for, but in doing

so the wider public interest is also

recognised and respected”

Ethics – A broad spectrum

• Gifts, hospitality, bribes, inducements

• Health & Safety

• Equal opportunity, discrimination, sexual harassment

• Conflicts of interest

• Insider dealing

• Money laundering

• Disclosure of confidential information

• Financial transactions

Ethics – A broad spectrum

• Fair competition

• Alcohol & drug abuse

• Whistle blowing

• Non executive directors

• Copyright & ownership of files

• Standards in advertising

• Protection of the environment

• Relationships with local communities

• Political and social behaviour

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 11

Ethics – in summary

• Ethics is increasingly important

• Green issues, codes of practice

(especially in our profession)

• Society is continually developing views

• Use your common sense

• Adopt a common balance

• Pause, think and reflect

Ethics – in summary

• Solutions to problems cannot be soley based upon

ethical principles of ethical behaviour

• Often more than one solution may

be appropriate in a given context

• You must follow your convictions

• Acid test is if your decision reflects

RICS guidance

• Ultimately these are the standards we

will be tested against if we are judged

What’s New?

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 12

Diversity & Inclusivity

Diversity & Inclusivity

‘Inclusion’ is HOW

we make the mix work

to drive performance

and innovation…

‘Diversity’ is the

MIX of differences that

people bring to our

lives every day…

Waterline of Visibility

Gender Skin Colour

Race Age

Culture Wealth Social Status

Ethnicity

Physical Ability

Nationality Languages

Value Systems Role / Function

Learning Styles Life Experiences Talents

Thinking Style

Heritage Personality Profile

Family Status

Skills

Work Style Location

Political views

Religion Education Beliefs Sexual Identity

• International Ethics Standards Coalition

“Creating a universal set of ethics principles

for real estate and related professions.”

• Consultation period currently

• www.ies-coalition.org

Diversity & Inclusivity

‘Diversity’ is the MIX of

differences that people

bring to our lives every

day…

‘Inclusion’ is HOW we

make the mix work to drive

performance and

innovation…

‘Diversity’ is the MIX of

differences that people

bring to our lives every

day…

‘Inclusion’ is HOW we

make the mix work to drive

performance and

innovation…

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 13

Diversity & Inclusivity

Bias…

“Inclination or

prejudice for or

against one person

or group, especially

in a way considered

to be unfair”

• International Ethics Standards Coalition

“Creating a universal set of ethics principles

for real estate and related professions.”

• Consultation period currently

• www.ies-coalition.org

Diversity & Inclusivity

‘Diversity’ is the MIX of

differences that people

bring to our lives every

day…

‘Inclusion’ is HOW we

make the mix work to drive

performance and

innovation…

‘Diversity’ is the MIX of

differences that people

bring to our lives every

day…

‘Inclusion’ is HOW we

make the mix work to drive

performance and

innovation…

“RICS has introduced a policy

and pledge to lead the industry

as an influential leader in

diversity & inclusion”

IESC

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 14

Coalition Members

American Society of Appraisers (ASA)

American Society of Farm Managers and Rural Appraisers (ASFMRA)

Appraisal Foundation (TAF)

Asian association for Investors in Non-listed Real Estate Vehicles (ANREV)

Asia Pacific Real Estate Association (APREA)

Asian Real Estate Association of America (AREAA)

Asociacion Espanola de Analisis de Valor (AEV)

Asociacion Espanola de Geometras Expertos (AEGEX)

Asociacion Professional de Sociedades de Valoracion (ATASA)

Association of International Property Professionals (AIPP)

Association of Residential Managing Agents (ARMA)

Assoimmobliare

Bulgarian Chamber of Professional Valuers (KPO)

Câmara Brasileira da Indústria da Construção (CBIC)

Chartered Institute of Architectural Technologists (CIAT)

Chartered Institute of Building (CIOB)

Chartered Institution of Water and Environmental Management (CIWEM)

China Electricity Council

China Institute of Real Estate Appraisers and Agents (CIREA)

China Real Estate Valuers and Agents Association (CREVA)

CORFAC International

Commonwealth Association of Surveying and Land Economy (CASLE)

Council of European Geodetic Surveyors (CLGE)

Counselors of Real Estate (CRE)

Dubai Real Estate Institute

ETEK (Technical Chamber of Cyprus)

European Association for Investors in Non-Listed Real Estate Vehicles

Federação Nacional dos Corretores de Imóveis (FENACI)

Ghana Institution of Surveyors (GhIS)

Hong Kong Association of Property Management Companies (HKAPMC)

HypZert

Indonesian Society of Appraisers (MAPPI)

Initiative Corporate Governance of the German Real Estate Industry

Institute of Estate Agents, Singapore (IEA)

Institute of Philippines Real Estate Appraisers (IPREA) 4

Institute of Quantity Surveyors Indonesia (IQSI)

Institute of Real Estate Management (IREM)

Institute of Residential Property Management (IRPM)

Institution of Civil Engineers (ICE)

International Consortium of Real Estate Associations (ICREA)

International Housing Coalition (IHC)

International Real Estate Federation (FIABCI)

International Right of Way Association (IRWA)

International Valuation Standards Council (IVSC)

Japan Association of Real Estate Counselors (JAREC)

Japanese Society of Independent Appraisers (JASIA)

Lonja De Propriedad Raiz De Bogota

National Association of Realtors India (NAR India)

National Society of Professional Surveyors (NSPS)

Nigerian Institution of Estate Surveyors and Valuers (NIESV)

Real Estate Institute of Australia (REIA)

Real Estate Syndicate of Lebanon

Real Property Association of Canada (REALpac)

Royal Architectural Institute of Canada (RAIC)

Royal Institute of British Architects (RIBA)

Royal Institution of Chartered Surveyors (RICS)

Royal Institution of Surveyors Malaysia (RISM)

Russian Society of Appraisers

Secovi-SP

Singapore Institute of Building Limited (SIBL)

Society of Chartered Surveyors Ireland (SCSI)

South African Geomatics Institute (SAGI)

South African Property Owners Association (SAPOA)

1. Confidentiality

2. Disclosure

3. Fiduciary Responsibility

4. High Standard of Service

5. Integrity

6. Respect

7. Responsibility

8. Transparency

9. Trust

10. Verification

Conflicts of Interest GLOBAL / UK

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 15

Conflicts of Interest GLOBAL / UK

Rules for Registration of Firms

Typical Final Assessment Questions?

Level 1

• Explain understanding of 5 Global Ethical Standards

• All of the explanation under each of the 5 headings

• HOT TOPIC - Diversity & Inclusion

• HOT TOPIC - Conflicts of Interest

• HOT TOPIC - IESC

Level 2

• Explain doing / implementation of Ethical Standards

• Explain an example where you acted ethically

• Select sample experience from your summary of experience

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 16

Typical Final Assessment Questions?

Level 3

• Select sample of advice from your summary of experience

Or a hypothetical scenario

• Private function - PII, Terms of Engagement , CHP

• Fee bidding - Underhand dealing, Unprofessional

• Briefcase of cash - Clients Money, Money Laundering

Ethical Benchmark - It’s your choice!

= Consequence

CPD

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 17

Questions?

Connect & Keep in touch…

© DeLever 2015

LinkedIn: Jon Lever FRICS

Twitter: @DeLeverAPC

Email: [email protected]

Web: www.DeLever

Blog: www.apceye.wordpress.com

Great opportunity to ask your APC

questions in a social community of

helpful DeLever APC Expert

Coaches and Other APC

Candidates in exactly the same

situation!

Perfect…

www.DeLever.co.uk/whatsapp

WhatsApp…

APC Innovation

We invite you to join any of the groups below... APC Candidates please join one APC101 group relevant to your proposed final assessment period. If you decide to defer assessment then leave the group you are in and join the revised assessment date group and so on. The content provided in each group will be relevant to where you are in your APC process.

DeLever RICS Professional Ethics Jon Lever FRICS 07802 721 140

[email protected]

© DeLever Limited 2017 18

Further details www.rics.org/ethics

RICS Professional Ethics