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Surveyors acting as advocates
Published February 2017
Effective from 1 June 2017
The professional statement sets out the core duties expected of the surveyor-advocate. It applies where you agree (whether in writing or orally) to act as a surveyor-advocate before any tribunal in England, Wales or Northern Ireland.
The guidance note offers guidance on fundamental aspects of advocacy practice. It outlines general duties and roles and offers best practice advice on, among other things, case preparation and preliminaries, evidence and documents, and hearings.
A client guide (a stand-alone electronic version of the professional statement) is also available. -
Conflicts of interest for members acting as dispute resolvers (UK)
Published November 2020
Effective from 1 February 2021
Reissued October 2022
This professional standard covers the appointment of surveyors as arbitrators, independent experts, mediators, adjudicators, and other dispute resolvers.
Surveyors may be appointed as dispute resolvers either by private agreement between the parties in dispute, or via RICS or other formal appointing parties, such as the Law Society or the Chartered Institute of Arbitrators (CIArb).
The aim of this second edition professional standard is to provide advice on dealing with possible conflicts of interest for surveyors who are appointed to resolve disputes. It also helps all parties involved in a dispute to understand the main principles and considerations, and to be aware of when an involvement may develop into a conflict of interest.
This document was reissued in October 2022 as a professional standard. It had previously been published in November 2020 as a guidance note. The regulatory requirements remain the same and no material changes have been made to the document. -
Conflict avoidance and dispute resolution in construction
Published: April 2012
Effective from: April 2012
This guidance note summarises what is meant by conflict avoidance and dispute resolution. It identifies the key issues that all surveyors should understand in respect of these distinct substantive areas. It cannot cover every issue or every technique for avoiding disputes, nor can it cover the wide-ranging issues that relate to dispute resolution, the applicable rules or strategies that might be adopted.
Guidance is given in respect of conflict avoidance processes and dispute resolution techniques that are encountered within the industry under the following headings, which follow the Assessment of Professional Competence (APC): General principles (Level 1: Knowing), Practical application (Level 2: Doing), Practical considerations (Level 3: Doing/Advising).
This is part of the RICS QS and Construction Standards. -
Surveyors acting as expert witnesses in Scotland
Published August 2015
Effective from 6 November 2015
This 1st edition of Surveyors acting as expert witnesses in Scotland applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in Scotland.
This document:
- explains the need for clear instructions and terms of engagement
- gives guidance on what to do in situations of conflict of interest
- outlines the written report format
- clarifies the differences between the roles of expert and advocate
- helps remove pressure upon experts to support their clients’ cases irrespective of their honest professional opinion.
This practice statement is also published in the form of an accompanying client guide, a copy of which can be supplied by the expert witness to the prospective client. This guide may be provided without copyright permission; however, the expert witness must make clear to the prospective client that his/her copy is for his/her use only, and that any reproduction of the guide for the use of a third party would breach RICS copyright, as specified in PS 3.4(b).
The foreword by Lord Doherty that accompanies this guidance note was amended in February 2016 in order to cite updated case law from the United Kingdom Supreme Court. -
Independent expert determination
Published December 2016
Effective from December 2016
Reissued December 2023
This document is designed primarily to assist those who are appointed either by the President of RICS or directly by the parties to a dispute to act as an independent expert to determine their dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
This professional standard is based on the law and practice relating to expert determinations in England, Wales and Northern Ireland.
Independent expert determination is well suited to construction-related matters (e.g. workmanship and completion issues under development agreements or specific technical disputes) and in the area of dilapidations and service charge disputes.
This document was reissued in December 2023 as a professional standard. It had previously been published in December 2016 as a guidance note. No material changes have been made to the document. -
Conflicts of interest – global
Published March 2017
Effective from 1 January 2018
Reissued July 2023
The global professional standard on conflicts of interest provides clear rules for RICS members and regulated firms to identify and manage potential conflicts of interest.
Effective identification and management of conflicts of interest is an essential component of professionalism. The professional standard provides confidence to clients and consumers that RICS members and regulated firms are operating to the highest ethical standards.
Following extensive industry consultation and feedback, RICS developed this professional standard to provide clarification on:
- competing bidders
- effective date/transition
- conflicts arising during professional assignments
- passing confidential information to insurers and legal advisers.
The conflicts of interest professional standard, which supports the RICS Rules of Conduct, places an overarching mandatory requirement on all RICS members and regulated firms and specifies RICS’ expectations of how compliance with the Rules of Conduct should be achieved.
This document was reissued in July 2023 as a professional standard. It had previously been published in March 2017 as a guidance note. No material changes have been made to the document.