Definition

In an APC context, a client is the individual, company, organisation or body that instructs an RICS member or firm to provide professional services and to whom the primary professional duty of care is owed. In some instructions the instructing party and the end user differ — a lender instructing a valuation for a borrower's transaction, for example — and the surveyor must understand which obligations are owed to each. The RICS Rules of Conduct (effective 2 February 2022) require members to treat clients fairly and consider their wider responsibilities to society.

Why this matters for Client Care

  • Correctly identifying the client determines who receives terms of engagement, who can give binding instructions, and to whom confidential information may be disclosed.
  • Where multiple parties are involved, the surveyor must be clear about whose interests they are serving to avoid conflicts of interest.
  • Different client types attract different legal protections and professional obligations.
  • Assessors test candidates' understanding of client identity because it underpins correct conduct in every practical scenario.
  • Misidentifying the client can lead to unauthorised disclosure of confidential information or accepting instructions without authority.

Key principles

Who can be a client

A client may be a private individual, a company or partnership, a public authority or a financial institution. Confirm at the outset who has authority to give instructions and who will sign the terms of engagement. For corporate clients, this typically means confirming who is authorised to bind the organisation contractually — a board resolution or authorisation letter may be required for significant instructions.

Primary client versus third-party reliance

Some instructions are carried out for a primary client but known to be relied upon by a third party. A secured lending valuation is a classic example: the lender is the client, but the borrower may also see the report. The Red Book Global Standards (effective 31 January 2022) address the conditions under which third-party reliance may be accepted. Accepting third-party reliance creates an additional duty of care and should be reflected in the terms of engagement.

Consumer versus commercial clients

Where the client is a consumer — an individual acting outside the course of a business — additional legal protections apply under the Consumer Rights Act 2015. Terms must be fair and transparent, and certain exclusion clauses enforceable against a commercial client may be unenforceable against a consumer. Candidates should ensure the firm's standard terms are appropriate for the client type.

Relevant RICS guidance and legislation

  • RICS Rules of Conduct (effective 2 February 2022) — Rules 4 (service) and 5 (responsibility to society)
  • RICS Red Book Global Standards (effective 31 January 2022) — third-party reliance in valuation
  • RICS Conflicts of Interest global professional statement (1st edition, 2017, effective 1 January 2018)
  • Consumer Rights Act 2015 — additional protections for consumer clients
  • Data Protection Act 2018 / UK GDPR — personal data of individual clients must be processed lawfully

Ethics and Rules of Conduct angle

Correctly identifying and treating the client is an expression of Rule 4 (Service) and Rule 1 (Honesty and Integrity). The RICS Conflicts of Interest global professional statement (1st edition, 2017) becomes relevant whenever a surveyor is asked to act for more than one party in the same transaction: the conflict must be identified, assessed and managed — or the surveyor must decline one instruction. Mismanaging a multi-party engagement is one of the most common sources of serious professional complaints.

APC-style Q&As

Q (Level 1)How would you define "client" in the context of RICS practice?

A client is the party who instructs an RICS member or firm and to whom the primary duty of care is owed. This is usually the party who signs the terms of engagement and pays the fee, though in some instructions the instructing party and the party with an interest in the outcome may differ.

Q (Level 1)What additional legal protections apply when the client is a consumer?

Under the Consumer Rights Act 2015, services must be provided with reasonable care and skill, within a reasonable time and at a reasonable price if not agreed. Contract terms must be fair and transparent, and unfair terms may be unenforceable — including some exclusion clauses that would be acceptable in a commercial appointment.

Q (Level 2)You are instructed by a company. How do you confirm the person instructing you has authority to bind it?

(example) I ask at the outset who the authorised signatories are for professional services contracts and request written confirmation. For a significant instruction, I may request a board resolution or authorisation letter. The signed terms of engagement returned by an authorised signatory provide the contractual confirmation of authority.

Q (Level 2)A lender instructs you to carry out a secured lending valuation. The borrower contacts you directly and asks for a copy of the report. What do you do?

My client is the lender. The report is confidential to my client and I cannot share it with the borrower without the lender's written consent. I would explain that any request for a copy should be directed to the lender. If the lender has previously confirmed that the borrower may rely on the report, that consent would already be reflected in the terms of engagement.

Q (Level 3)You are asked to act for both vendor and purchaser in a commercial property sale — dual agency. How do you approach this?

Dual agency creates a significant conflict of interest because the interests of vendor and purchaser are fundamentally opposed. Under the RICS Conflicts of Interest global professional statement (1st edition, 2017), I must assess whether this conflict is manageable. In most circumstances, acting for both parties in a sale negotiation is not manageable without material risk of harm to one or both. I would explain this clearly and advise each to seek independent representation. If both parties provided informed written consent and the firm was satisfied that strict information barriers could be maintained, the instruction might proceed — but in most straightforward sale transactions, the appropriate response is to decline to act for one party.