Our Employment Solicitors Manchester specialist for surveyors, offer representation in all cases presented by the Royal Institution of Chartered Surveyors (RICS).
The Regulatory Process
The following information describes the disciplinary process as outlined by the Royal Institution of Chartered Surveyors.
Investigation
The Head of Regulation manages any complaints brought against a surveyor. They will determine if the matter is appropriate for further action, and if found to be so, they will present the complaint to the surveyor for comment. The surveyor must respond within 28 days. The complainant may further respond to the surveyor’s comments. The Head of Regulation will then decide whether to drop the matter or to pursue disciplinary action. If the matter is dropped at this point, the Head of Regulation can provide methods or practices of conduct whereby the surveyor would be better informed in avoiding similar situations in future.
Disciplinary proceedings
The Head of Regulation can choose one of the following courses of action as a means of appropriate disciplinary procedure:
- A fixed penalty
- The presentation of a consent order that may include the application of possible terms:
- An agreement
- A fine
- Payment of costs
- Refer the matter to the disciplinary panel. Interim measures may be enforced if the matter is to proceed to a hearing.
Hearing
The surveyor has the right to be represented by a solicitor to submit and provide evidence in their defence. The hearing panel will determine if the surveyor is guilty of the evidence brought before them on the balance of probabilities. If so, the panel may impose a penalty.
Penalty
The following penalties may be enforced:
- A caution
- A reprimand
- The application of a particular action
- The application of certain conditions to retain membership or registration
- Removal from the register, prohibiting the surveyor from working in this field
Appeal
The surveyor can appeal to the High Court against any decision or judgement within 28 days of the decision.
Internal disciplinary proceedings
Our specialist employment law solicitors will be happy to represent any surveyor involved in internal disciplinary proceedings being carried out by their employer or line manager.
Representation for surveyors in cases of regulatory proceedings
If you are subject to legal proceedings in respect to your role as a surveyor, please contact us on 0161 82 11 559, or complete the form on our enquiry page. One of our dedicated team will contact you as soon as possible to discuss your case, possible outcomes and all of your available options.
