Following a report of a regulatory concern about an RICS Member or RICS-Regulated Firm, the RICS Regulation teams will review the information provided to determine whether it relates to a regulatory concern and if so, whether it meets the threshold for an investigation to be commenced.
Please note that the term Regulated Member is used by RICS Regulation to describe RICS Members (individuals) and RICS-Regulated Firms. Those reporting concerns are usually referred to as the Person Raising the Concern (or “PRC”).
Consideration of threshold to open investigation
When determining what action (if any) should be taken, RICS Regulation staff will review the information provided and refer to the RICS guidance on Investigating and Managing Concerns which outlines the threshold for commencing an investigation as well as details of steps that we might take instead of an investigation. For specific guidance on concerns involving valuation matters, there is a specific guidance to be reviewed: Appendix A Concerns About Valuations.
Decision to not open an investigation
Where RICS Regulation determine that the reported concern does not require an investigation to be commenced, there will be consideration of whether other regulatory action might be appropriate including reporting to another oversight or regulatory body. The Person Raising the Concern (the “PRC”) will usually be written to in order to inform you of the decision and the reasons for it. Where the Regulated Member has been informed of the concern, they will also be informed of the outcome.
Decision to open an investigation
If the reported concern does meet the threshold, RICS Regulation will commence an investigation, which includes opening a file and gathering further information. During the investigation, RICS Regulation will usually contact the PRC you to discuss their concerns and may ask for more information (including copies of any documents or evidence). RICS Regulation may also contact the Regulated Member to inform them about the reported concern, and to request relevant information and their response as part of the investigation.
Keeping PRC’s informed
RICS Regulation aims to keep all Regulated Members, PRC’s and material witnesses updated and informed as to the progress of an investigation including timescales where possible. This will be at key stages of the investigation but it will not always be at regular intervals due to the nature of investigations.
The key stages may include:
- If we contact the Regulated Member for information or receive their responses
- If we instruct an independent expert to provide us with their professional opinion in relation to the matter
- If we refer the case for a decision on disciplinary action
Where RICS Regulation believe that there is further information a PRC or witness may have, they will be in contact to request that, and if necessary, may produce a witness statement to be used in any future disciplinary proceedings.
PRC’s and material witnesses are welcome to contact the RICS Regulation Investigator in order to ask questions and check on progress. However, during an investigation, to maintain confidentiality and integrity of the investigation, there may be a limit to what can be shared at that stage. Please refer to correspondence for details of RICS Regulation contact.
Final Decision on an investigation
At the conclusion of an investigation, RICS Regulation will review all the materials gathered including information, witness statements, documents, and responses from Regulated Member to determine what disciplinary action, if any is required. The decision is made in accordance with Regulatory decision making guidance.
At the end of most investigations, RICS Regulation will inform the Regulated Members, PRCs and material witnesses of the outcome. This will include the reasons as to why regulatory or disciplinary action was or was not taken.
Frequently Asked Questions
No, compensation is not available as part of the RICS Investigation and Disciplinary Process.
However, RICS does require RICS-regulated firms (including most sole practitioners and small surveying companies) to have a Complaint Handling Procedure (CHP) in place, which includes the requirement to appoint an Alternative Dispute Resolution (ADR) provider. If after following the CHP, you are unable to resolve your dispute, you can refer the matter to the ADR, who will review the issue and may award compensation if they find in your favour. This is free for consumers.
You may be assisted (depending on whether you are a consumer or commercial customer) by using on the services provided by RICS Dispute Resolution Service (DRS).
Alternatively, you may wish to obtain independent legal advice.
No, there is no appeal process for those raising concerns as part of the RICS Investigation and Disciplinary Process.
However, we may reconsider a decision to close a case without disciplinary action, in certain circumstances such as where:
- new evidence of substantial importance is provided, and it is in the public interest to reconsider the case
- there has been a serious procedural irregularity
- the case was closed because it was an isolated incident and similar allegations have later been received.
Published date: 01 February 2022
The majority of cases are closed without a disciplinary outcome, as they are not sufficiently serious and/or it is not in the public interest to take disciplinary action.
However, in meeting the purpose of Regulation to maintain standards of performance and conduct, we often provide advice to Regulated Members to improve the way in which they work (and a record of the concerns are kept for future consideration).
If disciplinary action is taken, a disciplinary outcome may include a Regulatory Compliance Order (or Consent Order) or a decision being taken by the Regulatory Tribunal sitting as a Disciplinary Panel or Single Member of Regulatory Tribunal (which can include expulsion of a Regulated Member or deregistration of a firm).
A Disciplinary Panel is made up of members from the Regulatory Tribunal, which is an independently led pool of panellists who provides the profession with an effective, fair and independent judicial body.
A Disciplinary Panel sits as a panel of three and comprises of a Panel Chair and two other Regulatory Tribunal members. At least two of the three must be independent Members (non RICS members). A Disciplinary Panel hearing is usually a public hearing, conducted in-person or remotely (via video conferencing platform). Following hearing the evidence and submissions from RICS and the Regulated Member, the Disciplinary Panel will determine whether disciplinary action should be taken, including if a regulatory outcome (sanction) should be imposed.
If the information you provide assists in the presentation of the case, you may be invited to attend the hearing as a witness and provide your evidence directly to the Disciplinary Panel. For more information on Hearings please see Observing an RICS tribunal hearing or Guidance for attending a virtual hearing.
Yes. Some cases are reviewed by a Single Member of the Regulatory Tribunal on the papers. These cases are where we believe there is a realistic prospect of establishing liability to disciplinary action, and the breach is of sufficiently seriousness but that there is not a need for a full hearing.
A case may be referred to a Single Member of the Regulatory Tribunal if:
- A Regulated Member fails to meet their Continuing Professional Development (CPD) requirements three or more times within a ten-year period
- A Regulated Member is convicted of a criminal conviction that had the possibility of a custodial sentence on first conviction
- There is not a substantial dispute of the facts, the public interest does not require a hearing and the case is not likely to result in expulsion or removal of registration (other than for CPD breaches)
We do receive information anonymously and where it raises serious concerns these are investigated to establish if the Regulated Member is liable to disciplinary action.
Please see further guidance: do you have concerns about RICS-regulated firms or professionals?
RICS Guidance to decision-makers on when to investigate concerns, and to take disciplinary action
Published date: 27 January 2022
Published date: 23 April 2024
Published date: 21 September 2022
