A fixed penalty is an administrative fine and/or caution issued by RICS when a Regulated Member breaches the Rules. It is only applicable to a breach of the following rules:
- Rule 2 of Rules of Conduct in regards to Continuing Professional Development (CPD)
- Professional Obligations under Rules of Conduct in regards to providing information to RICS
- Rules 13 of the Rules for the Registration of Firms in regards to payment of Fees
The RICS Sanctions Policy indicates that a first breach of the Rules above will attract Fixed Penalty (caution), whilst a second breach within 10 years of receipt of a caution will attract a Fixed Penalty (caution and fine). However, any breach of the Rules of Conduct can warrant further disciplinary action in certain circumstances, so it is important for Members to stay compliant.
A Regulated Member is expected to pay the Fixed Penalty by the date specified in the notice and ensure that they comply with the relevant Rule that brought about the Fixed Penalty.
RICS publishes certain data relating to the number of Fixed Penalties issued, and this can be found here.
Review of Fixed Penalty Notices
In accordance with the RICS Regulatory Tribunal Rules, a Regulated Member may request a review of a Fixed Penalty by a Fixed Penalty Reviewer. A Fixed Penalty Reviewer is a member of the independently led Regulatory Tribunal appointed in accordance with Constitution of Regulatory Tribunal Rules to review disciplinary and regulatory cases. For more information on the relevant Rules see here.
A request for a review must be submitted within the time period specified in the Rules (currently 28 days) of service of notification of the Fixed Penalty. This must be submitted on the prescribed form, together with appropriate administration fee and sent to following email address:
CPD@rics.org for a review of Fixed Penalty for CPD case
regulation@rics.org for a review of Fixed Penalty for other breaches of the Rules
A Fixed Penalty Review takes place on the papers and is not a Hearing. A Fixed Penalty Reviewer will review the request and paperwork relating to the issuing of the Fixed Penalty, and determine whether to:
- Confirm the Fixed Penalty
- Modify the Fixed Penalty
- Revoke the Fixed Penalty
They can also make an order of costs in the case, in accordance with RICS Sanctions Policy and Supplements. If a Fixed Penalty is revoked, then the administration fee will be repaid to the Regulated Member. For more information on the Regulatory Tribunal, please see here.