RICS Draft: Surveyors advising in respect of compulsory purchase and statutory compensation, 2nd edition

1 Mandatory professional behaviour and competence

1.1 Mandatory professional behaviour and competence expected of surveyors when advising in respect of compulsory purchase and statutory compensation matters.


Application and principal message


You must be able to demonstrate a proper understanding of the statutes, statutory instruments, case law and government guidance in respect of the compulsory purchase process and compensation in the jurisdiction where your advice is to be applied. (2.8)


You must ensure you are able to discharge your duties to the required standard and consider all matters material to the instruction. (2.10)


You must be aware of the changes in responsibility that will occur should your duties later involve acting as an expert witness, and how that may affect the carrying out of work prior to that change. (2.12)


As soon as you become aware that judicial or quasi-judicial proceedings seem likely you must advise your client in writing of your ability or otherwise to comply with the current editions of RICS' Surveyors acting as expert witnesses, Surveyors acting as expert witnesses in Scotland or other RICS requirements applicable to the jurisdiction in which you are working.

Duty in providing advice


Where information material to the advice being given is not available, or is not evidenced or corroborated to your satisfaction, you must clearly state this to your client and advise what assumptions have been made. (3.2)


You must endeavour to establish the material information and collect appropriate evidence during the period of your instruction. (3.2)


You must provide your client with balanced and professional advice that seeks to secure an equitable outcome for your client consistent with the requirement to agree fair and reasonable compensation, in accordance with the compulsory purchase compensation code for a reasonable cost and within a reasonable timescale. (3.7)


On commencement of an instruction, you must provide your client with clear advice as to the basis on which, in your opinion relying on the information available, compensation is likely to be assessed in accordance with the compulsory purchase compensation code. If your client is not prepared to proceed on the basis of what you consider to be a reasonable approach to the assessment of compensation, this must be identified and resolved. (3.8)


If you identify a material inaccuracy or change your view of a matter material to advice given, you must notify those instructing you without delay. (3.9)


Clients (on either side) can, and do, seek to influence surveyors. You must demonstrate your professionalism by maintaining a reasonable and balanced approach. (3.10)

Acceptance of, and changes to, instructions


You must not accept instructions to provide advice in matters unless you have the:

(a) requisite competence appropriate for the assignment and

(b) resources to complete the assignment within the time scale and to the standard required. (4.1)


You must, prior to accepting instructions:

  1. advise those instructing you in writing that this RICS professional standard will apply and offer to supply a copy of the standard on request

ensure there is a written record, held by you, as to the matters on which advice is required, whether such written record is prepared on your initiative or those instructing you

confirm your terms of engagement to the client

be satisfied no conflict of interest arises and take account of RICS professional standards and information in respect of conflicts of interest. You must report any actual or potential conflict of interest to those instructing you as soon as it arises or becomes apparent. This applies both before and after instructions have been accepted

undertake due diligence in line with statutory requirements and RICS' Countering bribery, corruption, money laundering, and terrorist financing.


If your instructions are changed or supplemented, you must ensure there is a written record of this held as required in 4.2(b). (4.3)



Where an inspection of any property is required, it must always be carried out to the extent necessary to produce professionally competent advice having regard to its purpose and the circumstances of the case. (5.1)


A suitable record of the size, configuration, relevant features and condition of the property, which is representative of the circumstances at the compensation valuation date, must be prepared and where possible agreed with the other party. (5.2)



You must be aware of the distinction between shadow negotiations and the negotiation of statutory compensation following the exercise of compulsory purchase powers and how this affects your client's interests. (7.2)



In reporting your advice, you must consider all matters material to the instruction. (6.2)



Where a basis for calculating fees is proposed, the initiative will usually come from the claimant's surveyor, having received instructions from a claimant. You must ensure that the basis for fees and disbursements is reasonable in relation to the work required. (8.2)


When advising claimants, you must ensure in all cases that the basis on which you propose to charge fees, the arrangements for payment, and any subsequent changes are agreed with your client in writing. (8.5)


Clients (on either side) can, and do, seek to influence surveyors. You must demonstrate your professionalism by maintaining a reasonable and balanced approach to fees.


You must make clear to your clients, at the earliest opportunity and before time is incurred, that they bear ultimate liability for your fees on the agreed fee basis. You must advise your clients that they will be liable for any fees that are not borne by the acquiring authority. (7.5)


You must be clear with your clients and advise them when time is to be spent on matters for which claimant's fees are not normally borne by the acquiring authority and do so before that time is incurred. (7.6)