Thursday, December 25, 2014

RICS mandatory competencies - Conduct rules, ethics and professional practice

At level 1
Demonstrate knowledge and understanding of the role and significance of RICS and its functions. Also an appreciation of your personal professional role and society’s expectations of professional practice and RICS code of conduct and conduct regulations, including the general principles of law and the legal system, as applicable in your country of practice.


Role and Significance of RICS and its Functions
RICS’s role is to regulate and promote the profession; maintain the highest educational and professional standards; protect clients and consumers via a strict code of ethics; and provide impartial advice and guidance through accreditation of professionals and any individual or firm to register with RICS. Their expertise covers property valuation and management; the costing and leadership of construction projects; the development of infrastructure; and the management of natural resources, such as mining, farms and woodland.  

RICS Functions  include :

Corporate Responsibility›

In everything we do, we apply our knowledge and expertise to drive a progressive agenda for the benefit of business, society and the planet

Influencing Policy›

RICS seeks to influence governments, international organisations and key stakeholder organisations around the world with the aim of developing and embedding truly international standards

Corporate Performance›

Through regular reporting we keep our stakeholders updated on the organisation's performance

Regulate against CPD›

Continuing professional development (CPD) is a commitment by members to continually update their skills and knowledge in order to remain professionally competent and achieve their true potential

Ethics

Professional Role and Society’s Expectations of Professional Practice
All members must demonstrate that they:
§  Act with integrity
§  Always provide a high standard of service
§  Act in a way that promotes trust in the profession
§  Treat others with respect
§  Take responsibility
§  Abide by all the General principles of law and the legal system in Singapore


Rules of Conduct for Individual and Firms

The Rules of Conduct for Members cover those matters for which individual members are responsible and accountable in their professional lives. The five principles are proportionality, accountability, consistency, targeting and Transparency

Professional Standards

Ethical behaviour - Members shall at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with their professional obligations.

Competence - Members shall carry out their professional work with due skill, care and diligence and with proper regard for the technical standards expected of them.

Service  - Members shall carry out their professional work in a timely manner and with proper regard for standards of service and customer care expected of them.

Continuing Professional Development (CPD) - Members shall comply with RICS’ requirements in respect of continuing professional development.

Solvency - Members shall ensure that their personal and professional finances are managed appropriately.

Information to RICS - Members shall submit in a timely manner such information, and in such form, as the Regulatory Board may reasonably require.

Co-operation - Members shall co-operate fully with RICS staff and any person appointed by the Regulatory Board

Rules of Conduct for Firm

Professional behaviour - A Firm shall at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with its professional obligations.

Competence - A Firm shall carry out its professional work with due skill, care and diligence and with proper regard for the technical standards expected of it.

Service - Firm shall carry out its professional work with expedition and with proper regard for standards of service and customer care expected of it.

Training and Continuing Professional Development (CPD) - A Firm shall have in place the necessary procedures to ensure that all its staff are properly trained and competent to do their work.

Complaints handling - A Firm shall operate a complaints handling procedure and maintain a complaints log. The complaints handling procedure must include an Alternative Dispute Resolution (ADR) mechanism that is approved by the Regulatory Board.

Clients’ money - A Firm shall preserve the security of clients’ money entrusted to its care in the course of its practice or business.

Professional indemnity insurance - A firm shall ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity insurance cover which meets standards approved by the Regulatory Board.

Advertising - A Firm shall promote its professional services only in a truthful and responsible manner.

Solvency - Firm shall ensure that its finances are managed appropriately.

Arrangements to cover the incapacity or death of a sole practitioner - A Firm which has a sole principal (i.e. a sole practitioner or a sole director in a corporate practice) shall have in place appropriate arrangements in the event of that sole principal’s death or incapacity or other extended absences.

Use of designations -A Firm registered for regulation must display on its business literature, in accordance with the Regulatory Board’s published policy on designations, a designation to denote that it is regulated by RICS.

Information to RICS - A Firm shall submit in a timely manner such information about its activities, and in such form, as the Regulatory Board may reasonably require.

Co-operation -  A Firm shall co-operate fully with RICS staff and any person appointed by the Regulatory Board.


At level 2

Provide evidence of practical application in your area of practice, being able to justify actions at all times and demonstrate personal commitment to the rules of conduct, ethics and RICS professional and ethical standards.

In my profession I had always upheld the professional standards and principles of accountability, consistency, targeting and transparency

I had at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with my professional obligations. As a quantity surveyor I had not divulge any tender information prior to award.  Neither do I collude with other tenderers to fix the tender price nor give preferential advantage to any tenderer to win the tender. I had carried out my professional work with skill, care and diligence. I was always prompt and delivered my professional work in a timely manner and standards of service as expected of customer care.

I had always read up to further my continuing professional knowledge and development.

I am good in personal and professional finance management as evidence in my work delivered.
Conflict avoidance, management and dispute resolution procedures M006 (Minimum Level 1)


At level 1
Demonstrate knowledge and understanding of the techniques for conflict avoidance, conflict management and dispute resolution procedures including for example adjudication and arbitration, appropriate to your APC/ATC pathway.

Negotiating Conflict  

 Conflict management is important because it has the possibility of damaging relationships, leading to poor results in projects and in business generally. Negotiation and Conflict Management skills is all about  finding a solution that is acceptable to both parties, and leaving everyone feeling that they have won.

The techniques to enhance the ability to lead and communicate more effectively and handle conflict more productively and to get  the desired results cover these areas:   

Negotiation and Conflict Resolution
Common sources of conflict
Negotiating with internal and external stakeholders
Self-Awareness 
Understanding your communication, conflict and negotiation styles
Adapting styles to improve communication, relationships, managing conflicts, and negotiation
Managing Conflict
Recognize signs and symptoms of conflict
Understand how to anticipate, prevent and manage conflict
Use appropriate conflict management styles
Negotiation Styles
Differences on soft, competitive, and collaborative negotiation styles
Positions versus interests
Collaborative Negotiation to Create Win-Win Outcomes
Framework for negotiation
Identifying each party’s objectives
Creating options
Appropriate use of power
Developing your own negotiation skill




Resolving Conflict  
Dispute resolution is about recognising when a dispute has arisen and appreciating the escalation of that dispute. In addition, it is to understand the range of techniques that might be available to resolve the dispute and seeking appropriate guidance before the client is placed at a disadvantage in respect of its position with the other party.
Conflict avoidance involves
-          Careful, clear and proper planning before executing a project as ambiguity leads to dispute
-          carry out a risk analysis, updating and managing the risks
-          to seek clarity in any documents that are produced for the purpose of procuring work
-          know and understand the applicable disputeresolution technique or techniques that apply in
-          respect of any contract or contracts 
-           to recognise when more specialist assistance is required and advise t he client accordingly
Good management, Clear contract documentation, Partnering and alliancing, Good project management, Good client and contractors and design team management, Good payment practice, Record keeping, Regular reporting and proactivity can help to minimize or avoid conflict from arising
Dispute resolution Techniques
1.      negotiation – the problem-solving efforts of the parties themselves
2.      mediation or conciliation – a third-party intervention does not lead to a binding decision being imposed on the parties;
3.      an adjudicative process – the final outcome is determined by a third party who does impose a binding decision on the parties Either party may request the appointment of an adjudicator to be made within seven days of serving a Notice of Dispute, and the adjudicator has 28 days from issue of the Referral within which to issue a decision. That decision will bind the parties and in most cases be readily enforceable in the Singapore court that deals with construction related litigation.

4.      Arbitration: For arbitration to apply, the contract between the parties must contain a written agreement to arbitrate.
5.      Litigation: The courts have inherent jurisdiction to hear a dispute in respect of just about anything. In the absence of any other procedure, the parties will have a right to refer their matter to an appropriate court. The procedure is governed by the Civil case.
Alternative dispute resolution (‘ADR’)
ADR or alternative dispute resolution refers to processes which are alternatives to the traditional binding dispute resolution procedures of litigation and arbitration. It is alternative in the sense that it is providing a faster and more economic dispute resolution procedure.  

At level 2
Provide evidence of practical application in your area of practice having regard to the relevant law.

I had arranged a meeting in relation to a disputed interim/final valuation, or arranging meetings in relation to the agreement of variations.


At level 3
Provide evidence of the application of the above in the context of advising clients in the various circumstances referred to above.


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