Definition

RICS publishes technical guidance in a hierarchy of documents. At the top sit mandatory professional statements, which set out requirements that members and regulated firms must comply with. Below them sit guidance notes and information papers, which carry lower levels of obligation. The distinction lies in language: mandatory statements use "must"; guidance notes use "should". Rule 2 (Competence) of the RICS Rules of Conduct requires members to comply with relevant mandatory standards.

Why this matters for Ethics, Rules of Conduct & Professionalism

  • Failing to follow a mandatory professional statement without documented justification is a breach of Rule 2 (Competence) and can result in disciplinary action.
  • In litigation or arbitration, departure without good reason is likely to be treated as evidence of substandard practice.
  • Mandatory statements apply regardless of client or employer preference; a member cannot contract out of their obligations.
  • APC candidates must understand the difference between must, should and may in RICS documents and explain the consequences of non-compliance.

Key principles

The RICS document hierarchy

RICS technical guidance falls into four categories: global professional statements (top), mandatory professional statements, guidance notes (advisory), and information papers. The practical test is document language: "must" signals mandatory obligation; "should" signals a recommendation that may be departed from with justification. Confusing guidance notes with mandatory statements in an APC interview signals an imprecise understanding of the hierarchy.

Compliance, departure and justification

Where a member departs from a mandatory professional statement, they must demonstrate a good reason and that the departure served the client's and the public's interest. The burden of justification rests on the member; ignorance of the statement is not a justification. Where a client instructs non-compliance, the member must decline unless an exception is expressly provided within the statement itself.

Examples of mandatory professional statements

The RICS Rules of Conduct is itself a mandatory statement. The "Conflicts of interest" global professional statement (1st edition, 2017) and the professional statement on countering bribery and corruption, money laundering and terrorist financing are both mandatory. The Red Book (RICS Valuation – Global Standards) contains mandatory professional statements within it. Candidates should be able to name the statements most relevant to their own practice area.

Keeping current

The obligation to remain current is part of Rule 2 (Competence). Best practice is to review the RICS standards library at least annually, subscribe to RICS regulatory updates, and ensure CPD includes engagement with mandatory standards relevant to the member's practice area.

Relevant RICS guidance and legislation

  • RICS Rules of Conduct (effective 2 February 2022) — itself a mandatory professional statement; Rule 2 (Competence) requires compliance with relevant RICS standards.
  • RICS "Conflicts of interest" global professional statement (1st edition, 2017) — mandatory across all practice areas.
  • RICS professional statement: Countering bribery and corruption, money laundering and terrorist financing — mandatory requirements for regulated firms.
  • RICS Valuation – Global Standards (Red Book) — contains mandatory professional statements alongside guidance notes.

Ethics and Rules of Conduct angle

Rule 2 (Competence) requires compliance with mandatory technical guidance as part of the competence obligation. Rule 5 (Responsibility) applies at the firm level: principals must ensure all fee earners are aware of, and comply with, the mandatory statements applicable to their practice area. A culture in which mandatory standards are treated as optional erodes the public trust that RICS exists to protect.

APC-style Q&As

Q (Level 1)What is the difference between a mandatory professional statement and a guidance note?

A mandatory professional statement uses the word "must" and sets out requirements with which all members and regulated firms must comply. A guidance note uses "should" and sets out recommended practice; departure is permissible with justification. The two are distinguished by language and by the designation on the document's cover.

Q (Level 1)Which RICS Rule of Conduct most directly requires compliance with mandatory professional statements?

Rule 2 (Competence) requires members and firms to comply with relevant RICS standards. Compliance with mandatory professional statements is therefore part of the competence obligation, not simply an optional technical standard.

Q (Level 2)A client asks you to carry out a valuation in a way that departs from a mandatory professional statement. How do you respond?

I would explain that the statement is mandatory and that I cannot depart from it simply because the client prefers a different approach. I would set out in writing what the requirement is and why compliance is not optional. If the client persists, I would need to decline or withdraw from the instruction and document my position clearly so there is a contemporaneous record.

Q (Level 2)How do you ensure you are aware of current mandatory professional statements relevant to your practice area?

I review the RICS standards library regularly and subscribe to RICS regulatory updates. My CPD each year includes engagement with mandatory standards applicable to my work. I check the RICS website before accepting instructions in an area where I have not recently practised, and I raise any significant update with the relevant manager or compliance officer within my firm.

Q (Level 3)You discover a junior colleague's valuation report followed a superseded edition of a mandatory professional statement, and the client has relied on it. What are the implications and what do you do?

(example) A report issued in breach of a mandatory statement that a client has relied on creates both a conduct risk and a potential negligence claim. I would establish whether the departure was material and, if so, advise the client promptly and arrange for a corrected report following the current edition. Concealment would compound the breach. I would notify the firm's professional indemnity insurers and arrange training for the junior colleague, together with a review of internal processes to ensure all surveyors work from current editions.