Regulation

How to complain about

RICS Members and Firms
01 August 2010

rics.org/regulation
 How to complain about RICS Members and Firms

This help sheet gives information on

how RICS deals with complaints against
its Members and regulated Firms.
Your first step should always be to attempt to resolve the complaint directly with the
Firm/Member concerned.

Complaints to Firms/Members
Every Firm regulated by RICS must have a complaints handling procedure (CHP)
in place and the Firm should have told you about it in its terms and conditions of
engagement. If you have not received details ask the Firm for its complaints handling
procedure in writing. Keep a copy of the request letter.
A Firm’s CHP will have two stages:
• complaints will be considered by a senior Member of the Firm or a designated
complaints handler
• if the complaint cannot be resolved, it will be referred to an independent redress
scheme such as an ombudsman. There are a number of redress schemes and the
Firm’s CHP must give details of the redress scheme to which it refers complaints so
that you know where to take your complaint.
CHPs are designed to deal with complaints about a Firm or Member’s service or where
a request for compensation is involved.

Advice on how RICS deals with complaints

This guide gives you information about the investigation process RICS Regulation follows: the
type of things we are able to investigate and matters we are unable to become involved in.
RICS Regulation is the regulatory arm of RICS and is responsible for ensuring that RICS
Members and regulated Firms behave in a professional manner and adhere to our rules
and regulations. Where Member or regulated Firms fall short of the standards expected of
them RICS Regulation takes appropriate action to ensure the risk of further transgression
is minimised.

Matters RICS investigates

RICS Regulation only has powers to deal with RICS Members and Regulated Firms’
breaches of RICS Bye-Laws, Rules, Regulations, Practice Statements and other
compulsory requirements that apply.
Therefore we will only be able to investigate certain matters, for example:
• failure to use a complaints handling procedure
• conflicts of interest
• misuse of clients’ money
• failure to answer correspondence; or
• allegation or a conviction of a criminal offence.
In some cases, the service provided by an RICS Member or Regulated Firm is subject to
legal provisions and/or regulated by other bodies, for instance when our Members act as
Expert Witnesses or are appointed as Party Wall Surveyors. If that is the case, then your
complaint will not be considered until the underlying dispute has been resolved.
We will let you know as soon as possible if we are unable to investigate your complaint.

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Please note that any investigation or disciplinary action taken by RICS Regulation is not
a substitute for:
• any stage/s in the CHP available to a Firm’s clients including the final stage referral
to an independent redress mechanism as stated in the CHP:
a. for consumer clients, for example, the Ombudsman Service: Property (formerly
the Surveyors Ombudsman Service), the Property Ombudsman (formerly known
as the Ombudsman for Estate Agents) or the Financial Ombudsman Service.
b. for business clients, for example, the RICS Dispute Resolution Service or
Arbitration/Neutral Evaluation Procedures for Surveying Disputes (commonly
known as the Surveyors Arbitration Scheme)
• obtaining an expert opinion
• any form of statutory dispute resolution, for example, appointing Party Wall surveyors
• mediation or alternative dispute resolution (ADR)
• taking the matter to court.

What RICS cannot do

Whilst part of RICS’ role is to offer consumer protection (such as client money protection,
rules covering independent complaints procedures with linked redress and professional
indemnity insurance) we cannot award compensation or force our Members or Regulated
Firms to do anything – or refrain from doing anything – even if that means they are in
breach of RICS Rules or Regulations.
It is important that you realise we do not resolve the complaint itself - that remains
a matter between you and the Member or Regulated Firm concerned. We can only
investigate matters that relate to breaches of our Rules or Regulations.
RICS cannot:
• deal with concerns or complaints about anyone who is not a Member of RICS
• pay compensation or instruct a Member or Firm to do so (this is for a redress scheme
to decide and you will be referred to the Firm’s complaints handling procedure)
• determine whether a Member or Firm has acted negligently (this is for the courts
to decide); or
• interfere with or become involved in court action against a Member or Firm.

Investigations
Where we decide to carry out an investigation into a complaint, in the first instance
we will need:
• your contact details
• the contact details for the Member or Firm about whom you are complaining
• a brief summary of your complaint (no more than one side of A4)
• what the service was and when it was provided and whether you were/are their client
• whether you have paid their fees; and
• whether you have approached the Firm or Member directly and used their CHP.
You may find it easiest to use our complaints form, located at www.rics.org/complaints.

With effect from 01 August 2010 3

 How to complain about RICS Members and Firms

When we receive a complaint, it is acknowledged, given a unique reference number,

investigated and a decision made as to whether the information you have supplied indicates
that the Member/regulated Firm may have breached RICS Rules or Regulations. When
necessary, advice will be sought from one of our forensic surveyors, accountants or other
specialists outside RICS Regulation.
If we decide further investigation is required, we will contact the Firm providing a copy of your
complaint and any relevant supporting documentation. Our investigations are conducted
by reviewing documents that have been provided to us. We will request the documents we
require from you or the Member/ regulated Firm. Only on very rare occasions would we ask
you to supply us with all the documents that you have in your possession.
Your complaint is important to us as we want to ensure that RICS Members and
Regulated Firms are operating within the Rules and Regulations. At the same
time any complaint is a criticism of their professionalism and we must ensure
that it is justified.
If we are unable to investigate your complaint we will let you know as soon as we can and
give you details of why we are unable to take your complaint further.

How long will an investigation take?

We try to deal with complaints as quickly as possible but the length of the investigation will
depend on the complexity of the matters you have complained about. RICS measures and
records how long it takes to deal with complaints and we are always seeking to improve our
performance. We may ask you to comment on how we handled your complaint.

What are the possible outcomes?

Any investigation we carry out is a private matter between RICS and the Member/Firm
concerned. If our investigation team believes that the Firm or Member concerned has
breached RICS’ rules and we have been able to gather sufficient evidence of the alleged
breach we will refer the matter for disciplinary action.
Our disciplinary services team will look at the allegations and the evidence, in line with the
Sanctions Policy – Guidance to RICS Disciplinary, Registration and Appeal Panel Rules, and
may decide to:
• close the case with no further action
• negotiate a Consent Order with the Firm or Member. This is a formal written
agreement between RICS and the Member/Firm requiring them to take or refrain
from taking certain actions within a specified period. This, may also involve the
Firm or member paying a fine and/or costs; or
• refer the case to an RICS Disciplinary Panel (which is usually heard in public).
A disciplinary panel, made up of members of RICS and non Members, has a range of
powers including cautions, reprimands, fines, expulsion and de-registration. Its decisions are
published on RICS website, journal and in local press. If disciplinary action is taken, we may
also contact you, as the complainant, to confirm this.
Whatever the outcome of the investigation (and disciplinary) process, it will not usually resolve
any dispute between you and the Member/Firm. It is a matter of investigating whether there
has been a breach of the Rules of Conduct, and if necessary taking disciplinary action.

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Is there a time limit for complaining about Firms or Members

to RICS?
RICS will not normally investigate complaints about matters that took place more than six
years ago unless it considers that it is in the public interest to do so. This reflects the legal
position limiting the time in which a claim can be brought to court on a contractual matter.

Further information
Please contact us if you have any questions or concerns about making a complaint.
RICS Regulation
Surveyor Court
Westwood Way
Coventry
CV4 8JE
t +44(0)20 7695 1670
e [email protected]
Additional help sheets and other guidance material can be found at
www.rics.org/complaints

With effect from 01 August 2010 5

Confidence through professional standards
RICS promotes and enforces the highest professional We believe that standards underpin effective markets. With
qualifications and standards in the development and up to seventy per cent of the world’s wealth bound up in land
management of land, real estate, construction and and real estate, our sector is vital to economic development,
infrastructure. Our name promises the consistent helping to support stable, sustainable investment and growth
delivery of standards – bringing confidence to the around the globe.
markets we serve. With offices covering the major political and financial centres
We accredit 118,000 professionals and any individual or firm of the world, our market presence means we are ideally placed
registered with RICS is subject to our quality assurance. Their to influence policy and embed professional standards. We
expertise covers property, asset valuation and real estate work at a cross-governmental level, delivering international
management; the costing and leadership of construction standards that will support a safe and vibrant marketplace
projects; the development of infrastructure; and the in land, real estate, construction and infrastructure, for the
management of natural resources, such as mining, farms and benefit of all.
woodland. From environmental assessments and building We are proud of our reputation and we guard it fiercely, so
controls to negotiating land rights in an emerging economy; clients who work with an RICS professional can have confidence
if our members are involved the same professional standards in the quality and ethics of the services they receive.
and ethics apply.

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MAY 2015/DA/RICS586/HOW TO COMPLAIN ABOUT RICS MEMBERS AND FIRMS rics.org