Complaints about firms that are no longer RICS-regulated

You may be eligible if:

• you are a consumer (an individual acting outside of your trade, business or profession)
• your complaint relates to services provided by an RICS-regulated firm at the time the work was carried out
• the firm has since ceased to be regulated by RICS
• the complaint relates to services provided in the UK
• you bring your complaint within 12 months of the firm’s deregistration from RICS regulation, and
• your complaint is not currently being considered, and has not been finally determined or resulted in compensation or other redress, through a court, another ADR provider or another dispute resolution process.
  
  

This arrangement does not apply to complaints raised by businesses.
 

Yes. You should normally raise your complaint directly with the firm using its internal complaints procedure where this is possible, for example where the firm is still in business and/or its directors are still contactable.

You may be eligible to access ADR under this arrangement where:

• you have raised your complaint with the firm; and
• the complaint has not been resolved after eight weeks, there has been no meaningful engagement with the complaint, or the firm has not responded.

If you believe your complaint may be eligible, you should contact RICS using the dedicated email address for these cases: consumerprotectionclaim@rics.org

You will need to provide relevant information, which may include:

• details of the firm and the work undertaken
• a description of your complaint
• relevant dates, including when services were provided
• evidence of attempts to resolve the complaint with the firm, and
• relevant supporting documents and evidence relating to the complaint.
  

RICS will carry out an initial assessment to determine whether your complaint appears to fall within scope. RICS does not assess the merits of your complaint. If the case appears to be in scope, it may be referred to an independent ADR provider.
 

What happens next?

If your complaint meets the requirements of the arrangement, it may be referred to an independent ADR provider.

The ADR provider is independent of RICS and will review the complaint and evidence in accordance with its own procedures.

Outcomes may include:

• upholding the complaint and making an award or requiring action
• not upholding the complaint, or
• other outcomes in line with the ADR provider’s rules
  

Not all complaints will result in an award.

Complaints must be brought within 12 months (365 days) of the firm ceasing to be regulated by RICS.

This time limit applies in all cases, even where longer time limits may apply under other routes for compensation or under the general law.
 

Where compensation is awarded, it is subject to a maximum limit of £25,000 per claim.

This is the maximum amount available under this arrangement, which is met from the RICS Client Money Protection Scheme.

Not all complaints will result in compensation.
 

There is no cost to consumers for using this ADR arrangement.

You may still be eligible to apply where the firm has ceased trading, provided the other eligibility criteria are met. This will be considered when you contact RICS at consumerprotectionclaim@rics.org

This arrangement does not affect your right to seek legal advice or pursue a claim through the courts. Consumers should consider obtaining independent legal advice if they are unsure which route may be most appropriate for their circumstances.

ADR is an alternative method of dispute resolution and is generally quicker and less formal than court proceedings. If compensation is paid under this arrangement, RICS may require you to transfer or assign certain rights relating to your claim, so that it RICS can seek to recover those amounts from other parties where appropriate.
 

If your complaint relates to the conduct of an individual RICS member, this may be considered separately under RICS regulatory processes.

This ADR arrangement is focused on resolving consumer service disputes and does not determine disciplinary action.
 

Depending on the circumstances of your complaint, there may be several possible routes available to you. These can include:

• access to independent ADR through this arrangement (where eligibility criteria are met)
• pursuing a claim through the courts
• making a claim against a firm’s professional indemnity insurance where cover may respond to the claim, and
• seeking independent legal advice about the options available to you.
   

The most appropriate route will depend on the nature of the complaint and the circumstances of the case. RICS does not provide legal advice.
 

Not all complaints will be eligible for this ADR arrangement.

Where ADR is unavailable, or where you choose not to use it, other options may still be available. Depending on the circumstances, these may include pursuing a claim through the courts, seeking legal advice, or exploring whether a firm’s professional indemnity insurance may respond to your claim.

RICS cannot provide legal advice and cannot determine whether a claim will succeed. Consumers may wish to obtain independent legal advice before pursuing these routes.