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Raising Concerns about Regulated Members

Do you have concerns about RICS-regulated firms or professionals?

Find out how to tell us about your concerns or provide information about a Regulated Member

How to raise concerns about RICS-Regulated firms or professionals

 

We can only accept your concerns about regulated firms or professionals in writing.

Complete our online form

Email us your concerns about a regulated firm

If you are unable to submit your concerns via the online form or by email, please send details by post to RICS Regulation, 55 Colmore Row, Birmingham. B3 2AA.

If you need any help in reporting your concern, or require any reasonable adjustment to support your needs, we will do our best to help you. You can also contact us to discuss this by telephone on +44 20 7695 1670.

How much information do you need to send us?

Information may be in many forms. You should send us what evidence you have, such as documents, emails and anything else that is relevant to the concerns you have raised. Once we have reviewed the information, we will consider what other evidence is likely to exist and whether we can reasonably obtain it. We will also look at any previous concerns raised about the Regulated Member.

How we use your information

We will use the information you provide to us, to consider whether we need to investigate the Regulated Member. We may also use the information you provide, to review trends and themes in the regulated community, to help inform us whether we need to provide training or guidance.

If you need any further information on how we collect personal data, and how we use it and who we might share it with, please read the RICS Privacy Policy.

Have you made a complaint through the complaints handling procedure?

Sometimes we might refer the you to the Regulated Member's complaints handling procedure or to the alternative dispute resolution (for example an Ombudsman) referred to in that procedure. This is because the complaints about service failures or unsatisfactory work can sometimes be considered under these processes even though they do not meet our threshold for an investigation.

How we treat anonymous reports

We understand that when reporting concerns about a Regulated Member, you may you may want to remain anonymous. You can do this in two ways, you can:

  1. give us the information with your name and contact details so we can get more information from you if we need to, but we will try our best not to disclose you as the source of the information we have received, or
  2. you can give us the information with complete anonymity; however, this may limit our ability to investigate if we need more information.

In some circumstances we may be required to disclose you as the source. We also cannot guarantee the Regulated Member will not know who provided us with the information.

As with all information we receive we will assess the seriousness and credibility of the concerns before deciding on whether to investigate further.

Regulated Members speak up

Regulated Members have a professional duty to promptly disclose the details of any Regulated Member that you reasonably believe may have breached RICS standards (byelaw B5.2.1(c) of the Royal charter and bye-laws). The duty to speak up is an important part of the profession's "moral compass". Think of it as protecting the reputation of your profession, by helping RICS to uphold the public interest.

Frequently Asked Questions

  • It depends.  We may investigate poor service where the service is unacceptably low (and thus is serious enough to warrant an investigation).

    Though not an exhaustive list, poor service is more likely to be investigated if:

    • it has caused a large loss to the client or loss to a large number of clients;
    • we have received other complaints about the Regulated Member’s service; and/or
    • the Regulated Member has not responded to or addressed concerns about their service in a timely manner.

    Again, though not an exhaustive list, poor service is less likely to be investigated if:

    • there is a single one-off incident of poor service;
    • we have not received any other reports of similar concerns about the Regulated Member;
    • there is insufficient evidence to support the concerns raised; and/or
    • the concerns raised have been remedied.

    In most cases, you can resolve a complaint of poor service with the Regulated Member through their Complaint Handling Procedure or if required, through engaging with their Alternative Dispute Resolution (ADR) provider.

  • Firstly, you should raise it directly with the Regulated Member. If you were their client, you should obtain a copy of their Complaints Handling Procedure (CHP) to submit a formal complaint. The CHP should include the option of referring your complaint to their appointed Alternative Dispute Resolution (ADR) provider, who can engage with you both to review the dispute and if they find in your favour, award you compensation. RICS-regulated firms are required to have these in place.

    RICS-regulated firms are required to have adequate and appropriate professional indemnity cover.   If the error or issue in the report has resulted in you incurring a loss or costs, you may wish to consider taking legal action.  You should seek legal advice to consider whether this is an option for you.

    As indicated above, RICS is unlikely to undertake a disciplinary investigation into a failure in a single report unless it demonstrates a serious departure from RICS’ professional standards, or it is otherwise in the public interest to pursue.

  • Where you are a client, please see advice above in regards to raising it directly with the Regulated Member through the Complaints Handling Procedure.  You may also be assisted by reviewing RICS specific guidance about what to do if you have Concerns about valuations.

    If you were not the client, you can still raise the concerns but there is no specific requirement for them answer that complaint and this is unlikely to amount to a breach of the required standards.

    We are unlikely to investigate mistakes or omissions in a single valuation report unless they demonstrate a serious failure to meet RICS’ professional standards.

    In considering your position, you may also be assisted by reviewing an RICS article on undervaluing property.

  • No. We cannot give advice or provide a second opinion. We will consider any information in line with our rules which may result in us identifying concerns about how the Regulated Member has reached that opinion. This will form part of the disciplinary process and will not provide you with a report or opinion.

  • If you are a landlord or a leaseholder, you should obtain a copy of their Complaints Handling Procedure (CHP) to submit a formal complaint. The CHP should include the option of referring your complaint to their appointed Alternative Dispute Resolution (ADR) provider, who can engage with you both to review the dispute and if they find in your favour, award you compensation.

    RICS-regulated firms are required to have these in place.  Since October 2014, it has been a legal requirement for all lettings agents and property managers in England to belong to a government-approved redress scheme.

    If you are unable to resolve the dispute you may wish to consider whether to apply to First-tier Tribunal (Property Chamber) to resolve the dispute.  You may wish to seek legal advice to consider whether this is an option for you, or you may wish to contact LEASE (The Leaseholder Advisory Service) for advice on resolving your dispute.  LEASE website provides a wealth of guidance including on Application to the First-tier Tribunal (Property Chamber).

    As indicated above, RICS is unlikely to undertake a disciplinary investigation into a dispute with a property management company unless it demonstrates a serious departure from RICS’ professional standards, or it is otherwise in the public interest to pursue.

  • We cannot change awards or determine whether an award is valid. 

    Where an award has been sought to resolve a dispute between respective owners of the party wall, the appointed surveyor/s must always act consistently with the terms of the Act to reach a fair and impartial award.  An award is usually final and binding unless it is rescinded or modified by a County Court on appeal.  An appeal against an award must be made within 14 days of service of the award on them.

    In considering your position, you may also be assisted by reviewing RICS Consumer Guide: Party Walls or The Party Wall etc Act 1996: explanatory booklet.  RICS also offers 30 minutes of free advice on boundary disputes, party walls and compulsory purchase, please contact 02476 868 555 (lines open 0830 –1730 (GMT), Monday to Friday).

    If you do not wish to appeal the award but have an outstanding complaint or concern regarding a Regulated Member, we would suggest that you raise it directly with them. If you were their client, you should obtain a copy of their Complaints Handling Procedure (CHP) to submit a formal complaint. The CHP should include the option of referring your complaint to their appointed Alternative Dispute Resolution (ADR) provider, who can engage with you both to review the dispute and if they find in your favour, award you compensation. RICS-regulated firms are required to have these in place.

    If you were not the client, you can still raise the concerns but there is no specific requirement for them answer that complaint and this is unlikely to amount to a breach of the required standards.

    We are unlikely to investigate mistakes or omissions in regards to single Award drafted to resolve a dispute regarding work relating to a party wall unless it demonstrates a serious failure to meet RICS’ professional standards, or it is otherwise in the public interest to pursue.