Definition

In an APC context, the relationship between RICS ethics and common law concerns the interaction between the RICS Rules of Conduct and legal duties imposed by the courts through judge-made precedent. Common law doctrines (negligence, fiduciary duty, duty of care) establish minimum legal standards that coexist with and often reinforce RICS ethical requirements. Crucially, compliance with one framework does not guarantee compliance with the other.

Why this matters for Ethics, Rules of Conduct and Professionalism

  • Assessors at Level 3 expect candidates to distinguish between professional regulatory obligations and legal liability, and to explain how the two interact in practice.
  • A surveyor who negligently values a property may face a civil claim in tort and a separate disciplinary referral to RICS — two distinct processes with different outcomes.
  • Understanding common law duties helps candidates appreciate why RICS standards are framed as they are: many Rules of Conduct codify obligations the courts would impose anyway, raising the floor for professional behaviour.

Key principles

Duty of care and negligence

A surveyor owes a duty of care to their client and, in some circumstances, to third parties who foreseeably rely on their advice. Where breached and loss results, the surveyor may be liable in negligence. This parallels Rule 2 (Competence), which requires members to maintain the skills of a competent professional. A negligent survey will likely breach Rule 2 as well as constitute a tort, exposing the member to both civil damages and regulatory sanction.

Fiduciary duty

In principal-agent relationships (for example, where a surveyor manages property on behalf of a client), common law may impose a fiduciary duty requiring the agent to act exclusively in the principal's interests and avoid any conflict without informed consent. The RICS Rules of Conduct reinforce this through Rule 1 and the RICS Conflicts of Interest global professional statement (1st edition, 2017). Common law fiduciary liability and RICS regulatory sanction can be pursued concurrently.

Misrepresentation

The Misrepresentation Act 1967 provides a statutory route where a client suffers loss from a false statement made negligently or fraudulently. A surveyor providing inaccurate information to induce a contract could face a claim alongside a referral for breach of Rule 1, illustrating how statute, common law and professional regulation create overlapping but legally distinct liabilities.

How RICS standards go further than common law

RICS Rules of Conduct impose higher or more specific duties where the law is silent. The obligation under Rule 5 to speak up about ethical concerns, the requirement to maintain CPD, and the duty to co-operate with RICS investigations have no direct common law equivalent. A member who meets every legal requirement can still face regulatory action if they fall short of RICS standards.

Relevant RICS guidance and legislation

Ethics and Rules of Conduct angle

Rule 2 of the RICS Rules of Conduct and the common law duty of care address the same conduct: negligence breaches both simultaneously. Misrepresenting facts breaches Rule 1 and may constitute the tort of deceit. Rule 5 adds a further layer: members aware of a legal claim against a colleague must consider whether a regulatory referral is also warranted.

APC-style Q&As

Q (Level 1)What is the difference between RICS professional ethics and common law obligations?

RICS professional ethics are obligations set by RICS through its Rules of Conduct, enforced through the RICS regulatory process and leading to disciplinary sanctions. Common law obligations are legal duties established by court decisions, enforced through civil litigation and leading to damages. Both can apply to the same conduct simultaneously, but they are separate systems with separate enforcement mechanisms.

Q (Level 1)Name one common law duty that is relevant to a practising surveyor.

A surveyor owes a duty of care to their client under the common law of negligence. If the surveyor breaches that duty — for example, by producing an inaccurate report — and the client suffers financial loss as a result, the surveyor may be liable to pay damages in a civil claim.

Q (Level 2)How does the RICS duty of competence relate to the common law duty of care?

Rule 2 of the RICS Rules of Conduct requires members to maintain the knowledge and skills necessary to deliver services competently. The common law duty of care sets a parallel standard: a surveyor must exercise the skill and care of a reasonably competent professional. Falling below the required standard is likely to breach both obligations simultaneously, exposing the member to regulatory sanction and civil liability. The RICS standard can exceed the common law minimum where RICS has issued mandatory professional statements.

Q (Level 2)Can a surveyor comply with common law but still breach RICS Rules of Conduct? Give an example.

Yes. The RICS Rules of Conduct impose obligations that have no direct common law equivalent. For example, Rule 5 requires members to speak up about ethical concerns they witness, and all members must complete a minimum amount of CPD each year. Neither obligation exists as a common law duty, so a surveyor could meet every legal requirement yet still face disciplinary action for failing to report a colleague's misconduct or for neglecting their CPD obligations.

Q (Level 3)A client has brought a negligence claim against a junior colleague in your firm. As the responsible senior member, what considerations arise under both RICS Rules of Conduct and common law?

(example) Under common law, I would confirm whether the firm has vicarious liability, notify professional indemnity insurers promptly, and preserve all relevant documentation. Under the Rules of Conduct, I would assess whether the junior's conduct breaches Rule 2 (Competence) and whether Rule 5 requires a report to RICS. Settling the civil claim does not extinguish the regulatory dimension, and I would ensure the junior understood both tracks of potential liability.