Definition

In an APC context, compliance and legal considerations in client dealings cover the statutory requirements and contractual obligations governing the surveyor-client relationship. These include consumer protection legislation, data protection law, AML regulations, equality obligations, and the duties imposed by the RICS Rules of Conduct. Candidates must understand how these obligations interact and give practical examples from their own work.

Why this matters for Client Care

  • Level 2 knowledge: you must demonstrate awareness of the key statutes and regulatory requirements that apply when accepting and managing client instructions, beyond an abstract understanding of the Rules of Conduct.
  • A breach of the Consumer Rights Act 2015 can give the client a right to a price reduction or repeat performance, and may trigger a complaint or civil claim.
  • Non-compliance with AML regulations before accepting an instruction is a criminal offence for both the individual and the firm.
  • Equality Act obligations apply to how services are offered and delivered; unlawful discrimination is both a legal and a professional conduct matter.

Key principles

Consumer protection obligations

Where the client is a consumer (an individual acting outside their trade or business), the Consumer Rights Act 2015 requires services to be performed with reasonable care and skill, within a reasonable time, and at a reasonable price where none was agreed. Residential surveys, homebuyer reports, and domestic valuations are most commonly caught by this legislation.

Terms of appointment and contractual compliance

The RICS Rules of Conduct require a written record of terms of engagement before commencing work, setting out the scope of services, fee, exclusions, complaints procedure, and redress scheme. For consumer clients, unfair contract terms can be struck out under the Consumer Rights Act 2015. RICS standard form terms of appointment provide a legally compliant framework.

Conflicts of interest

The RICS Conflicts of Interest global professional statement (1st edition, 2017) requires members to identify, disclose, and manage actual or potential conflicts before accepting an instruction. Acting for both buyer and seller without full informed consent is prohibited. Where a conflict cannot be managed, the member must decline the instruction.

Equality Act obligations in client service

The Equality Act 2010 makes it unlawful to discriminate against a client on the basis of a protected characteristic. A surveyor must consider whether reasonable adjustments are required in how they communicate, present reports, or conduct inspections. Failing to make a reasonable adjustment that causes detriment to a disabled client is unlawful.

Relevant RICS guidance and legislation

  • RICS Rules of Conduct (effective 2 February 2022) — Rule 3 requires written terms of engagement; Rule 1 underpins conflict of interest obligations.
  • Consumer Rights Act 2015 — sets the standard of care and information requirements for consumer-facing surveying services.
  • RICS Conflicts of Interest global professional statement (1st edition, 2017) — the mandatory framework for identifying and managing conflicts.
  • Data Protection Act 2018 / UK GDPR — govern how client personal data must be handled throughout the instruction.
  • Equality Act 2010 — prohibits discrimination in the provision of services and requires reasonable adjustments for disabled clients.
  • Money Laundering Regulations 2017 — require client identity verification before instructions are accepted.

Ethics and Rules of Conduct angle

The overlap between legal compliance and ethics is sharpest in client dealings. Rule 1 (honesty and integrity) requires transparency about terms, conflicts, and any service limitations; Rule 3 (service) requires meeting the legal standards that protect clients. A surveyor who uses an unfair contract term that the Consumer Rights Act renders void has both failed legally and breached the expectation of honesty. Equally, a surveyor who spots a conflict and does not disclose it is not behaving with integrity, regardless of whether the conflict affected their advice.

APC-style Q&As

Q (Level 1)What are the three main rights that the Consumer Rights Act 2015 gives to a consumer who receives a substandard service?

The consumer may ask the trader to repeat or fix the service at no extra cost; if this cannot be done within a reasonable time or without significant inconvenience, the consumer may claim a price reduction of up to 100% of the price paid, where the service was not performed with reasonable care and skill.

Q (Level 1)What must a surveyor provide to a client before commencing work under the RICS Rules of Conduct?

A written record of the terms of engagement, including the scope of services, the fee, the complaints procedure and the name of the redress scheme, and any limitations or exclusions of liability. This must be agreed before work begins.

Q (Level 2)A residential client asks you to carry out both a valuation and marketing advice for the same property simultaneously. What conflict of interest issues arise?

Providing both services creates a potential conflict because the valuation may be influenced by the desire to secure or retain the marketing instruction. The RICS Conflicts of Interest global professional statement requires the conflict to be disclosed in writing and managed, for example by using separate teams or obtaining informed written consent. If it cannot be managed, the surveyor should decline one of the instructions.

Q (Level 2)A deaf client asks you to provide your survey report in an accessible format. How do you respond?

Under the Equality Act 2010, I have a duty to make reasonable adjustments. I would discuss what format would be most useful, for example a larger-font version, a video summary with captions, or a telephone briefing via a relay service, and make those adjustments at no extra charge if reasonable. Refusing to accommodate such a request could amount to unlawful discrimination.

Q (Level 3)You discover mid-instruction that a former client of your firm has an interest in the property you are currently valuing for a new lender client. Describe the steps you would take.

(example) I would pause work and refer the matter to the conflicts partner. I would carry out a full conflict check to establish the nature of the connection and assess whether it creates an actual conflict or an apparent one. If the conflict is real, I would disclose it in writing to both clients (subject to confidentiality obligations), obtain fully informed written consent from all affected parties, and assess whether information barriers can manage it. If they cannot, the firm would need to decline one of the instructions. I would not proceed until the conflict had been resolved in accordance with the RICS Conflicts of Interest global professional statement.