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Regulatory Compliance Orders/Consent Order

Regulatory Compliance Orders/Consent Order

This section provide guidance on the regulatory outcomes available by agreement between RICS and the Regulated Member.  The type of outcome depends on whether the concerns investigated in the disciplinary process are dated before 1 October 2019 (Consent Orders) or after 1 October 2019 (Regulatory Compliance Orders).

What is a Regulatory Compliance Order?

A Regulatory Compliance Order is an agreement between RICS and a Regulated Member (either an RICS professional or a RICS-regulated firm) that they are liable for disciplinary action.

In the agreement the Regulated Member:

  • accepts that they have fallen short of the standards expected; and
  • accepts the proposed sanction; and, in some cases,
  • accepts to take steps to meet the standards expected and/or to prevent it happening again.

The power to impose this outcome is contained in the Rules but the version relied on depends on date of complaint: RICS Disciplinary, Registration and Appeal Panel Rules (for complaints 1 October 2019 to 1 March 2020) or RICS Regulatory Tribunal Rules (for complaints on or after 2 March 2020).

A Regulatory Compliance Order shall consist of one or more of the following:

  • Caution
  • Reprimand
  • A requirement that the Regulated Member gives one or more undertakings as to future conduct
  • A requirement that the Regulated Member takes or stops taking certain actions within a specified period of time
  • Conditions on the Regulated member's continued membership of RICS
  • Conditions on a Regulated Members registration for regulation
  • A requirement that the Regulated Member pays a fine of up to £2000 per breach

The new rules allow RICS to agree to impose cautions and reprimands which was previously not available through Consent Orders.

Liability for Costs for a Regulatory Compliance Order

A Regulated Member will usually be liable for the costs of a Regulatory Compliance Order. This will often include but is not limited to the costs of the investigation as well as any follow up regulatory visits required.  For full guidance on Costs, please see Sanctions Policy and Supplements found here (the version of guidance will depend on the date of the allegation concerned).

Publication of Regulatory Compliance Order

It is usual practice that the name of the Regulated Member and the subject matter of the Regulatory Compliance Order will be published on our website for 12 months. See Published Regulatory Compliance Orders.

However, there are some circumstances in which we will not publish a Regulatory Compliance Order. For full guidance on Publication, please see Sanctions Policy and Supplements found here (the version of guidance will depend on the date of the allegation concerned).

What happens if the Regulated Members does not agree to the Regulated Compliance Order?

In most cases, the Regulated Member will be referred either to a Single Member of the Regulatory Tribunal or to a Disciplinary Panel to decide to determine the regulatory outcome.

What happens if the Regulated Member does not comply the Regulatory Compliance Order?

In most cases, an investigation will be undertaken to consider the Regulated Member's failure. If the failure is serious and it is in the public interest, the Regulated Member will be referred either to a Single Member of the Regulatory Tribunal or to a Disciplinary Panel to decide to determine the regulatory outcome.

Consent orders

What is a Consent Order?

RICS may only enter into a Consent Order in relation to any concerns or information received prior to 1 October 2019, when the Regulatory Compliance Order were introduced.

A Regulated Member agrees to accept a Consent Order with the Head of Regulation which can contains the following terms:

  • To take a certain action within a specified period of time
  • To desist from taking a certain action within a specified period of time
  • Pay a fine (up to £2,000 per breach or equivalent currency value)
  • Pay RICS' costs

Consent Orders also differ from Regulatory Compliance Orders in that they are not usually published on our website. However, we publish the certain information relating to Consent Order (see below).

Where a Regulated Member does not provide written consent to a Consent Order or it is considered that there is a breach, the Regulated Member may be referred to a Disciplinary Panel to decide to determine the regulatory outcome.

Consent Orders Issued (last 12 months)

RICS is required to publish statistical information in regard to the number of Consent Orders issues during the previous quarter (see Supplement 3 to the Sanctions Policy – Publication of Regulatory/Disciplinary Matters 01 January 2008 found here). This does not identify the Regulated Member/s but remains on the website for 12 months.

 

Q1

Q2

Q3

YTD

Number of cases

8

5

7

22

Consent Order

17

5

7

31

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