Definition

In an APC context, gifts and hospitality means any benefit from a client, contractor or third party not forming part of an agreed fee, including gifts, meals, entertainment, travel and event tickets. The Bribery Act 2010 makes it a criminal offence to offer or receive an advantage intended to induce improper performance. The test is objective: would a reasonable observer conclude the gift could influence the recipient's conduct?

Why this matters for Ethics, Rules of Conduct & Professionalism

  • RICS Rule 1 (Honesty and Integrity) requires members to behave honestly and not place themselves in situations where their independence could be questioned.
  • The Bribery Act 2010 carries criminal sanctions for individuals, including up to ten years' imprisonment; firms can be prosecuted for the corporate offence of failing to prevent bribery.
  • Gifts offered during a live instruction, tender or dispute carry a particular risk of creating a perceived conflict of interest.
  • Failure to declare gifts in the firm's register is itself a conduct matter, even if the gift was modest and not improper.

Key principles

What is acceptable and what is not

Acceptable gifts are modest, given as a courtesy, openly declared and recorded in the firm's register with no expectation of a reciprocal favour (for example, a branded diary or a working lunch). Unacceptable gifts include cash in any amount, lavish entertainment with no clear business purpose, or anything offered during a live tender or dispute. The Bribery Act 2010 applies regardless of monetary value where intent is to induce improper performance.

The firm's gifts and hospitality register

RICS-regulated firms are expected to maintain a gifts and hospitality register recording all offers, whether accepted or declined. Most firms set a monetary threshold (commonly £50–£150) above which manager approval is required before acceptance. The obligation to declare arises on receipt of an offer, not only on acceptance.

Decision-making process for a borderline offer

When faced with an offer, the candidate should: check the firm's policy; assess the value, timing and purpose; consider whether a reasonable observer would view acceptance as appropriate; if in doubt, decline politely; and record the offer and outcome in the register regardless of the decision. The overarching test is whether the candidate would be comfortable explaining their decision publicly.

Worked example: football hospitality offer

A contractor offers two Premier League corporate box tickets (approximately £400) during a live instruction. The offer exceeds most firm thresholds and the timing creates an unacceptable conflict risk. The candidate should decline, record the offer and inform their line manager. If the offer were two stand tickets (£60) with no live instruction in place, the analysis would differ, but recording and manager approval would still apply.

Relevant RICS guidance and legislation

  • Bribery Act 2010 — creates the offences of giving and receiving bribes, and the corporate offence of failing to prevent bribery.
  • RICS Rules of Conduct (effective 2 February 2022) — Rule 1 (Honesty and Integrity) and Rule 5 (Responsibility) are the primary rules engaged.
  • RICS professional statement: Countering bribery and corruption, money laundering and terrorist financing — sets out the mandatory requirements for RICS-regulated firms on anti-bribery procedures, including gifts and hospitality registers and training obligations.
  • RICS "Conflicts of interest" global professional statement (1st edition, 2017, effective 1 January 2018) — relevant where a gift or hospitality offer creates or exacerbates a conflict of interest.

Ethics and Rules of Conduct angle

Gifts and hospitality sits within Rule 1 (Honesty and Integrity): members must avoid situations where their integrity could reasonably be questioned. Accepting a lavish gift during a live instruction compromises the appearance of independence even if professional judgement is unaffected. Rule 5 (Responsibility) requires firms to maintain proportionate procedures; a culture that normalises undeclared gifts must be addressed proactively.

APC-style Q&As

Q (Level 1)What is the legal test under the Bribery Act 2010 for whether a gift amounts to a bribe?

The test is whether the gift or advantage was intended to induce or reward the improper performance of a relevant function. The Act sets no monetary threshold; any gift can constitute a bribe if the intent is present.

Q (Level 1)What should a surveyor do when they receive any offer of a gift or hospitality?

The surveyor should check their firm's gifts and hospitality policy, assess whether the offer falls within acceptable parameters, obtain manager approval where required, and record the offer and their decision in the firm's gifts and hospitality register. This obligation applies whether the gift is accepted or declined.

Q (Level 2)A client offers you tickets to an international sporting event during a period when your firm is bidding for a major instruction from the same client. What factors would you consider and what would you decide?

The key factors are value relative to the firm's threshold, the timing (highly problematic during the live bid) and the purpose (no clear business justification). I would decline politely, record the offer and inform my line manager.

Q (Level 2)Your firm has no formal gifts and hospitality policy. What risks does this create and what would you recommend?

Without a policy, individuals make ad hoc decisions, risking improper or undeclared gifts. This exposes the firm to prosecution for the corporate Bribery Act 2010 offence of failing to prevent bribery. I would recommend a written policy setting a monetary threshold, requiring manager approval above it, mandating a register and providing staff training — the "adequate procedures" that provide the firm's statutory defence.

Q (Level 3)You are a senior surveyor responsible for a major development client. A contractor you regularly use sends a gift hamper worth approximately £120 to your home address at Christmas, addressed to you personally rather than to the firm. Your firm's threshold is £50. How do you handle this and what are the wider implications?

(example) Sending the hamper to my home suggests an attempt to avoid the firm's register. I would declare it immediately, record it and return or donate it as it exceeds the £50 threshold. I would flag the contractor's behaviour to the compliance officer and inform them of the gifts policy. If the gift appeared intended to influence procurement, I would consider whether a report under our anti-bribery procedures was required.