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BERNADETTE GITARI
SURVEYING PRACTICE AND STANDARDS
(INTEGRITY, ETHICS AND PROFESSIONALISM)
General Manager Knight Frank Valuers LimitedKnight Frank Kenya
Standards and Conditions
of Entry
Ethical Rules and
Professional Standards
What is a
profession?
Lifelong Learning
Requirements
CPD
Policing and Enforcement
SURVEYING PROFESSION -ISK CHAPTERS
• Valuation
• Property Management
• Building Surveying
• Land Surveying
• Facility Management
• Property Development
• Geo Spatial Surveying
• Land Management Surveying
SURVEYING PROFESSION-ISK CORE VALUES
Professionalism:
• The ISK has a pool of qualified members who carry out their responsibilities in a professional manner. We endeavour to always uphold professionalism in the practice of surveying.
Ethics, Integrity and Accountability:
• We undertake to always act morally and ethically and to consistently demonstrate a high degree of probity in dealing with our stakeholders. ISK will always be accountable to its stakeholders for its actions, decisions, and policies including their administration, governance and implementation.
WHAT IS A STANDARD
• A level of quality or attainment
• An idea or thing used as a
measure, norm, or model in
comparative evaluations
• Used or accepted as normal or
average
• Regularly and widely used,
seen, or accepted : not unusual
or special
• Generally accepted and used
because of high quality or
excellence
WHAT IS A STANDARD
A professional Hand book that provides an effective framework within the
Rules of Conduct so that the users of the handbook can have confidence that
the professional member is consistence with local or international standard.
A standard can be local or international if local it must have reference to an
internationally accepted standard.
WHAT IS A STANDARD
Why Standards
• To serve the profession and the public in general
• Build Confidence and trust in the profession
• Provide required principles and definitions acceptable both
locally and internationally
• Bring about Transparency in the profession
• Provide a point of reference
STANDARDS EXAMPLES
Professional Handbooks
• Blue Book
• RICS Red Book
• IVSC/IPMS/ICMS/ILMS
• ISK Constitution
• Various Acts of Parliament
• Act with Integrity
• Quality of Service
• Trust to the professional and
the profession
• Respect
• Responsibility
• Duty of Care to the Consumers
EVOLUTION OF SURVEYING STANDARDS IN KENYA
RICS to ISK 1974 - 1979
1980s Valuers Act 1984 and Estate Agents Act 1987
1990s Valuation and Property Management Hand Book (Blue Book)
2000s Review of ISK Constitution
2010s Changes in the existing registrations and procedures
Building Surveyors Act
STANDARD--COMPARISONS
Professional Handbooks
• Market Value
• Fair Value (IVSC)
• Fair Value (IFRS)
• Investment Value
ISK Market Value
• Open Market Value
• Current Market Value
• Current Open Market Value
• Market Value
STANDARD
IVSC Market Rent
• Market Rent
ISK Market Rent
• Market Rent
• Current Market Rental Value
• Fair Market Rent
• Indicative Market Rental Value
• Fair Market Rental Value
STANDARD
IVSC---Insurance
• Replacement Value
• Reinstatement Value
ISK Standards –Insurance Valuation
• Insurance Value
• Gross Replacement
Cost(Insurance Value)
• Gross Current Replacement
Cost (Insurance value)
• Value for insurance purposes
ETHICS- CODE OF CONDUCT - PROFESSIONALISM
Ethics may be considered from two different
perspectives.
• Legal
• Moral
Legal ethics would look into whether an action is
permitted or forbidden under the law of the
country and the institution.
Moral ethics on the other hand is dependent on
an individual’s judgement.
“a system of moral
principles governing the
appropriate conduct for
an individual or group.”
BEST PRACTICE
The professional works in a Market
• Capitalists or Socialist
Institution and statutes
• Professional Company or an individual
• Client Individual and Company
• Stakeholders or consumers of the services
The vultures have landed—The vultures club
BEST PRACTICE
• Negligence
• Conflict of Interest
• Gifts and Hospitality
• Transparency
• RISK Verses REWARD
• Professional Indemnity
CONCLUSIONS
Split the Chapters
Audit of professional firms
Whistle Blowers
Stakeholders in joint discussions and workshops
Relevant CPD programs
Take Action
If you cannot measure something you cannot manage it
BASIS VS PURPOSE VS METHODOLOGY
PURPOSE
• Sale
• Financial Reporting
BASIS
• Market Value
• Fair Value
METHODOLOGY
• Comparable
• Investment
• Cost
• Residual
[Integrity, Ethics and Professionalism]
SURVEYING PRACTICE AND
STANDARDS
HENRY NGOMO: SENIOR DEPUTY DIRECTOR OF SURVEYS
SURVEY OF KENYA
ISK REGIONAL CONFERENCE16TH NOVEMBER 2016
TOPICS
1. WHAT IS SURVEYING
2. WHO IS A SURVEYOR
3. SURVEY PRACTICE AND GEOSPATIAL DATA
4. IMPORTANCE OF GEOSPATIAL DATA
5. STANDARDS
6. RESPONSIBLE ORGANIZATIONS
7. LEGISLATION
8. MUTUAL RECOGNITION AGREEMENT
9. INTEGRITY
10. ETHICS
11. PROFESSIONALISM
1. WHAT IS SURVEYING?
Surveying is the determination and
presentation of relative spatial location of
points on, above or below the earths
service
The scope of surveying is wide, in
Dimension and in Context
In Dimension
From determination and
taking in to account the shape
of the earth
• To determination of
the extent of a parcel
of land
In Context From determination of the length
and direction of land lines and their
positions on the ground.
• To ComplexMultiSpatial data Analysis
2. WHO IS A SURVEYOR
Do we determine a surveyor by the tools he
possesses
A surveyor is a professional who is trained in the use
of techniques and science of determining three-
dimensional position of points and the distances and
angles between them, on above or below the earths
service
3. SURVEY PRACTICE AND GEOSPATIAL DATA
Type of Survey Practice Product/Geospatial Data
Control Survey: Reference data for other surveys activities
Boundary Survey: Boundary data.
Topographic Survey: Topographic maps
Hydrographic Survey: Hydrographic data, Bathymetric charts,
Navigational charts.
Mining Survey: Control, locate and map mining operations.
Construction Survey: Laying out, locating and monitoring of engineering
works.
Route Survey: Control, locate and construction of linear
infrastructure
Photogrammetric Survey: Determination and extraction of the positions of
objects on imagery.
Astronomical survey: imaging or "mapping" of regions of the sky
using telescopes
4. IMPORTANCE OF GEOSPATIAL INFORMATION
Geospatial data can be processed and converted to Geospatial Information which is actionable intelligence valuable to varied applications including;
–Health
–Agriculture
– Security
–Trade
–Disaster mitigation
–Rescue missions
–Location suitability
– Forecasting
Importance of Geospatial Information ………………
The importance of geospatial information received
global recognition in July 2011, when the United
Nations – Global Geospatial Information
Management (UN‐GGIM) was established by the
Economic and Social Council of the United Nations
(ECOSOC)
Importance of Geospatial Information ………………
At the international level geospatial information
supports and evaluates progress towards the
sustainable development goals (SDGS).
According to a report by, sustainable development
solutions network, roughly a quarter of the SDG
indicators require geospatial data and almost all
SDGS can be geospatially visualized to monitor their
progress
Importance of Geospatial Information ………………
At national level, geospatial information is a
critical tool in decision-making, support of
registration of rights to land, revenue collection and
implementation of infrastructure projects.
Hence the need legislation of legal instruments,
development of effective geospatial information
management models and technical standards.
5. STANDARDS
Are an agreed way of doing things.
are utilized in wide range of activities in an
organization
Standards are the distilled wisdom of people
with expertise in a given profession
Benefits of Standards
enable the determination of the quality of a
product.
enable organizations to be more productive
enable the development of operating
procedures and process automation.
Benefits of Standards ……….
facilitate trade
provide a framework for achieving economies,
efficiencies and interoperability
enhance consumer protection and confidence.
6. Responsible Organizations
Training
Colleges and Universities
Standards
National Mapping Agency – Survey of
Kenya
Responsible Organizations ………
Licensing
Regulatory body - Land Surveyors’ Board
Professional development
Professional body – Institute of Surveyors of
Kenya
7. Legislation
Geospatial data and the information thereof can
course damage
Hence the need for legal framework to guide the
surveying practice in terms of:
institutional arrangements and their responsibilities;
standards and procedures;
who can practice what;
protection of the consumer
8. MUTUAL RECOGNITION AGREEMENT (MRA)
MRA for Land Surveyors in the East African Region
is aimed at achieving trans boundary practice
• Regulations stipulated in the MRAs are initiated bycompetent Authorities
• Signing MRAs is to be undertaken by“competent Authorities” which are aMinistry, a department, office, institution oragency designated by a Partner State
Mutual Recognition Agreement ………
A sustainable steering structure has to be agreed by regulators/institutions;
Structure should strengthen ownership;
Be transparent to ensure that failure is effectively discussed;
Take into account the variety of stakeholders and perceptions;
Be flexible and allowing learning.
Mutual Recognition Agreement ………
Trust building initiatives have to be implemented
and explored
Legal and regulatory impediments that are
discriminatory have to be amended
The Final MRA meeting was held in Arusha from
17th to 19th October 2016
Signing is expected before end of the year 2016
9. INTEGRITY
Integrity is being honest;
It is personal to the individual,
It is a spirit of good contact with a purpose to
create a win-win situation;
As a man of integrity, your word has value and
people can rely on your professionalism; they
can take your word to the Bank.
Integrity ……
Integrity is not about who you know, it about who
knows you, resulting to building of business
relationships
Integrity with the principal of mutual benefit can
enables companies to build each other and achieves
success
Since Integrity is from within, it can not be faked.
However it is a great strategy
10. ETHICS
Ethics is a code of contact, a set of rules to be
followed.
Companies or institutions with large number of
employees use a set of rules or ethics to manage
them;
Ethics……
however ethics can not guarantee the success of the
company, since the intension of the inner person is
unknown.
Thus as much as we use ethics in business, it is
more advantageous to train and build
integrity into employees
11. PROFESSIONALISM
Professionalism is a calling
It requires long academic preparations and
knowledge;
It embodies skills, competences and behaviors
that one is expected to have in a given
profession
A PERSONAL QUESTION
ARE YOU A PROFESSIONAL WITH
INTEGRITY?
IF YES
THEN YOUR CAKE HAS BEEN CUT AND
SERVED
SURVEYING PRACTICE AND STANDARDS: INTEGRITY, ETHICS AND PROFESSIONALISM
ISK REGIONAL CONFERENCE
ZABLON.A MABEA
POWER POINT PRESENTATION by Dr. Winnie Mwangi-Nyika
Introduction
• Introduces the subject by citing Proverbs 22,23 and Deuteronomy
• You shall not shift the boundary,or go into the fields of the fatherless
• Some remove boundaries and devour choice flock
• Two aspects here- unfair business practices and unfair gains
• The fatherless means those that are marginalized-National land policy puts them under issues requiring special intervention-land rights of the minority;Article 60 talks about elimination of gender discrimination in access, ownership and use of land
Introduction
• So as professionals our position is not just to avoid unfair practices or illegal gains but to promote,/protect the rights of the less privileged
• We are culpable as ones who commit the above if we sit back and become uninvolved -accomplices
Role of Surveyor in society
• Surveying is the profession on which all other professions are underpinned
• All aspects of surveying critical to development-allocation of resources,cadastres are basis of land taxation
• Security of tenure generated through the land administrative processes
• Surveying provides information that facilitates economic, social and political stability
• Surveying must therefore be practiced in the ambits of integrity and rule of law
Surveying &Integrity
• Competence and trust are central elements as they generate confidence in us
• “transparency and ethical behaviour are particularly important‟ for surveyors who are involved daily with financial transactions such as “procurement, contractual arrangements, payments and valuations
• responsibility and duty of care
• Individual and collective reputation – image is everything
• surveyors are not laymen - licensed as such, they have an obligation to serve with the highest ideals of the profession.
Constitution and Integrity
• Article 10 on values applies to ourselves and we should ensure our practices operate within these values
• Chapter 5 gives us the principles on which the land resources/ sector are managed- equity, use of ADRs, environmental and economic sustainability- As surveyors our practice should embrace and promote the same-that is to be true to our calling
• Chapter 6 on Leadership and Integrity - all state officers to conduct in ways that do not bring dishonor or disrepute
• Professsionalism and integrity should be the key drivers in the management of public affairs
Summary on Integrity
• Integrity” means soundness of moral principle and character, as shown by one person dealing with others in the making and performance of contracts, and fidelity and honesty in the discharge of trusts; it is synonymous with “probity,” “honesty,” and “uprightness. It alludes to being straightforward and honest in professional and business relationships; fair dealing and truthfulness; not being associated with information that contains materially false or misleading statements or information furnished recklessly. Integrity is a conscious choice; a choice that every professional should uphold in order to protect societal values.
Ethics
• Precepts that guide professionals in the practice of their profession, whether unwritten, or contained in professional codes of conduct
• Ethical principles include -competence; independence; loyalty to client; maintaining the confidentiality of client secrets; responsibility to the profession and to colleagues; and honourable conduct in professional and personal matters.
Application of ethics today
• Ethics are integral to the ordering of the society. where ethical principles are not adhered to and upheld, then the entire profession falls into disrepute and trigger a rise of public discontent
• “transparency and ethical behaviour are particularly important‟ for surveyors who are involved daily with financial transactions such as “procurement, contractual arrangements, payments and valuations”.
• Corruption and malpractice impact not only on the reputation of the profession, but also tarnishes all its members and destroys public confidence in them.
Application of ethics today
• Collective responsibility and duty of care that instills confidence in the society- currently when society is in an all time low, can surveyors stand up from the crowd through our dealings and upholding professionalism
• Are we able to put honesty, fidelity loyalty, diligence, competence and dispassion in the service of clients, above mere self-interest and commercial self-advantage.
Ethical principles.. To be on the look out for
• Conflict of interest between the surveyor and the client or between two parties (calls for full disclosure)
• The surveyor, the client and vested interests -A surveyor who constantly promotes dealings with various clients clearly misuses his position – looses objectivity
• Acting for two parties- mixing himself with the transaction in which he has two entirely inconsistent interests and surveyors who try to act for both parties must appreciate that they run a very serious risk of liability to one or the other owing to the duties and obligations which such curious relation puts upon them.
Ethical principles .. To be on the look out for
• Confidentiality
• Competence-basic survey knowledge, application and CPDs to keep abreast of the best practices in his field of practice. Competence and care help in maintaining professional standards. Practitioners are cautioned to refrain from acting unless they are competent
• Finally, moral duty of care- hard to separate societal moral expectations from ethical practices – Surveyors do not operate in a vacuum
Role of institutions
• Key role is to regulate professional standards
• ISK bill seeks to promotion of ethical performance of the obligations of the members of the profession for the benefit of the public.
• Surveyor must have certificate of good standing as a prerequisite for registration
• There should be a framework disciplining and regulate/punish misconduct
Conclusion
• Honesty and honourable dealings are expected from every man, whether he be engaged in professional practice or in any other gainful occupation
• However in a profession, pecuniary success is not the only goal. Service is the ideal, and the earning of remuneration must always be subservient to this main purpose.
• Every professional must be able to justify their actions at all times, and demonstrate personal commitment to abide by ethical standards so as to uphold the integrity of the profession.
Young Surveyors NetworkRole of the YSN in Promoting Professional Ethics
among Young Surveyors for Career Progression
Presentation Made in the ISK 2016 Regional Conference2016
By: Erastus Chege, MISKChairman, Young Surveyors Network
November 16, 2016
Content
• Background
• Objectives
• Work plan
• Moving Forward
• Actualization of the Business Dream among the Youth
70
Background
• ISK launched the YSN on June 30, 2016
• Aims: promotion, empowerment and development of the surveying profession among young surveyors
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Objectives
The YS Committee launched the YSN with the following objectives:
• To provide and be the preferred channel for networking among young surveyors
• Encourage enrolment and improve number of YS participating in ISK activities
• Help YS at the beginning of their careers with contacts
Through the YSN, ISK delivers its constitutional mandate of addressing all matters of interest to YS
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Work done so far
1. Monthly career talks that started in September: TUK, JKUAT, UON, DeKUT
2. Industrial visits – National Housing Corporation, BamburiCement Manufacturing Plant (Mombasa), Standard Gauge Railway site. Coming up is a visit to the Kenya Pipeline Corporation
3. GIS Day
4. Commencement of negotiations for Scholarships and professional attachments at KPA and KIPPRA
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YSN’s Ethical DiscourseDefinition
Ethics: Can be defined as the moral principles that a guide a person’s or a group’s behaviour.
Ethics define a person’s or a group’s decency.
According to St. Thomas Aquinas, ethics are based on the first principles of action: what informs a person to make the first act. The first action is generated by the first act of reason.
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Definition Continued...
Reason is comprised of two powers: one cognitive, the other appetitive.
The cognitive power is the intellect: enables us to know and understand. The intellectalso enables us to apprehend the goodness a thing has.
The appetitive power of reason is called the will: the will as a native desire for theunderstood good. That is, it is an appetite that is responsive to the intellect’sestimations of what is good or choice-worthy (ST Ia 82.1; QDV 3.22.12).
INTELLECT WILL ACTION (GOOD)
A good act is a virtuous act. The principles that inform the good acts are what we defineas ethics.
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YSN Contribution to Promoting EthicsSigns of Unethical Behaviour
• Surveyors (all groups) have a fiduciary duty to their clients regarding matters surveying. You owe the highest duty of trust and loyalty to your client!
• Surveyors go against this duty by:1. Gross incompetence in the performance of tasks.2. Demanding a bribe for work done. Corruption.3. Committing fraud: deliberately lying about a professional matter4. Unconscionability – conduct that violates principles of good acts of
conscience
And the list is endless....
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Our Efforts to Mainstream Ethical Behaviour
1. Constant information to young minds of good principles of the profession.
▫ Internships ▫ Monthly career talks▫ Bi-monthly breakfast meetings from Jan 2017▫ Charity programme (2017)
2. Encourage incorporation of young surveyors in ISK task forces and working committees.
3. Young professionals programmes (2017)4. Industrial visits – exposure to industry trends and knowledge areas to
enhance competencies and research.5. Guided mentorship
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