If a concern is raised about the behaviour or competence of an RICS member or regulated firm, it is reviewed by a specialist team who ‘triage’ the information provided. If there is evidence of a breach of the Rules of Conduct, the matter will be referred to the Investigation team to undertake inquiries. The factors which are considered at this early stage include:
- whether the individual who is the subject of the concern, is an RICS member or regulated firm
- the apparent seriousness of what has been reported
- the credibility of the evidence provided
- whether the information is from a credible source
- previous regulatory/disciplinary history of the member or regulated firm, and
- whether there is a pattern of similar concerns raised
Referral to investigation at this stage means that we consider that more detailed information is required to fully understand the background and context to the allegation. This is established through reviewing the evidence, making relevant inquiries and seeking further evidence from the member / regulated firm and the person raising the concern. If necessary, the investigator will also potentially seek expert opinion (whether from Chartered Surveyors or other appropriate experts) and ask the member or regulated firm for an explanation/response to the allegations. Investigators may also seek legal advice from the Enforcement Team (the team within Regulation which includes lawyers and paralegals) where necessary.
If at conclusion of the investigation it is decided that there is sufficient evidence to support a realistic prospect of ‘a finding of liability to disciplinary action’ the Head of Regulation may decide to commence disciplinary proceedings. The Head of Regulation may decide to take no further action, advise further investigation, or refer the matter to the Regulatory Tribunal for consideration and determination.
RICS guidance on how to raise concerns about members or firms is available - Reporting Concerns (rics.org)
RICS guidance on how we investigate concerns is available - Investigations (rics.org)
RICS guidance for RICS members to explain their professional duty to report concerning behaviour or practices of other members is also available - Speaking Up (rics.org)