Definition

In an APC context, Speak Up refers to the obligation in the RICS Rules of Conduct (effective 2 February 2022) requiring members and firms to report to RICS any known or suspected serious breach of the Rules by another member or firm. It is a regulatory duty, not a matter of professional courtesy: when the conditions are met, reporting is not discretionary. RICS provides a confidential reporting route and protects those who report in good faith.

Why this matters for Ethics, Rules of Conduct and Professionalism

  • Speak Up is a named obligation in Rule 5; assessors regularly test whether candidates understand the difference between a discretionary concern and a mandatory report.
  • Failing to report when the obligation is engaged can itself constitute a breach of Rule 5.
  • Understanding Speak Up shows the candidate sees professional ethics as a collective responsibility, not only a personal standard.

Key principles

When the obligation is triggered

The obligation arises when a member has knowledge of, or reasonable grounds to suspect, a serious breach by another member or firm. Minor shortfalls or everyday disagreements do not trigger it. Serious conduct includes: acting dishonestly with a client, mishandling client money, persistent failure to maintain competence, or conduct putting the public at risk.

How to make a report

RICS provides a confidential reporting route. Members should report directly to RICS if the conduct is serious and the internal response is inadequate. The report should set out the facts without embellishment. Providing credible grounds for concern is sufficient; members need not gather evidence or conduct their own investigation before reporting.

Protection for those who report

The Rules of Conduct protect members who report in good faith from retaliation; any detriment suffered may itself constitute a breach by the person responsible. The Public Interest Disclosure Act 1998 provides parallel employment law protection for qualifying disclosures.

Speak Up and internal procedures

The obligation does not prevent raising concerns internally first. However, if internal channels are exhausted without adequate resolution, or the concern involves firm principals, going directly to RICS is permissible and may be required. Failing to report when the internal response is clearly inadequate may itself breach Rule 5.

Relevant RICS guidance and legislation

Ethics and Rules of Conduct angle

Speak Up sits within Rule 5 (Responsibility), which requires members to act in the public interest and maintain public confidence in the profession. Professional self-regulation works only if members hold each other to account: a profession that routinely conceals unethical conduct will lose public trust. Candidates who understand Speak Up as a structural protection for the profession, not merely a procedural requirement, demonstrate the ethical reasoning Level 3 assessors seek.

APC-style Q&As

Q (Level 1)What is the Speak Up obligation under the RICS Rules of Conduct?

The Speak Up obligation is contained in Rule 5 (Responsibility) of the RICS Rules of Conduct (effective 2 February 2022). It requires members and regulated firms to report to RICS any known or suspected serious breach of the Rules by another member or firm. It is a regulatory duty, not a matter of personal choice, and failure to report when the obligation is engaged can itself constitute a breach of Rule 5.

Q (Level 1)What protection does a member have if they make a Speak Up report?

The RICS Rules of Conduct protect members who report in good faith from retaliation by their firm or by the member they have reported. Any detriment suffered as a result of making a report may itself constitute a breach of the Rules. Additionally, the Public Interest Disclosure Act 1998 provides employment law protections for workers who make qualifying disclosures about wrongdoing, which can apply in parallel with the RICS protections.

Q (Level 2)A colleague in your firm has been double-charging disbursements to clients and pocketing the difference. You have discovered this through a routine file review. What are your obligations?

This is likely a serious breach of Rule 1 (Honesty and Integrity) involving mishandling client funds. I would raise the matter with the compliance officer or a senior partner. If the internal response was inadequate or the conduct involved a principal, I would have a duty under Rule 5 to report to RICS through its confidential route. I would document each step taken. Inaction is not a defensible position once I have knowledge of serious misconduct.

Q (Level 2)How does the Speak Up obligation differ from a general expectation of professional courtesy or peer review?

Professional courtesy means treating colleagues with respect and raising concerns constructively. The Speak Up obligation is a regulatory duty triggered by knowledge of a serious breach. It is not about minor disagreements. The distinction matters because Speak Up is mandatory when the threshold is met: it cannot be overridden by a desire to protect a colleague's reputation or a preference for resolving matters privately.

Q (Level 3)You have raised a Speak Up concern internally and the managing partner has told you to drop the matter and that your job will be at risk if you pursue it. What steps do you take?

(example) The threat is itself a serious matter: I would document it carefully. If the original conduct warranted a Speak Up report (and the threat of dismissal suggests the firm knows it does), I would report directly to RICS through its confidential route, notwithstanding the pressure. The Public Interest Disclosure Act 1998 protects me from dismissal for making a qualifying disclosure in good faith; retaliatory action would give rise to an employment tribunal claim and a regulatory breach. I would take legal advice before and after making the report. My obligation to RICS does not disappear because my employer is hostile to my exercising it.