1. Introduction
1.1 This document is the Code of Practice (‘the Code’) for Full EPC (The Company).
1.2 The Code sets out the principles that must be followed and applied by all persons who carry out work for, or on behalf of The Company
1.3 The Code forms part of a wider package of registration, regulation and disciplinary information with which all persons who carry out work for, or on behalf of The Company must comply.
2. Purpose
2.1 The purpose of this Code is to set out the rules and standards of conduct that are expected and to inform members of the public and clients about the standards of conduct that they can expect.
2.2 This Code aims to promote:
2.2.1 The best standards of practice; and
2.2.2 Confidence in the integrity of all who carry out work on behalf of the company.
3. Application
3.1 All persons who carry out work for, or on behalf of The Company must ensure that they understand and comply with this Code and any accompanying guidance.
3.2 A failure to comply with the Standards set out in the Code or guidance will generally lead to disciplinary or other appropriate action being taken.
4. Personal and Professional Standards
4.1 Must at all times:
4.1.1 Act with integrity;
4.1.2 Be honest and trustworthy;
4.1.3 Be open and transparent;
4.1.4 Disclose to the Company any or all of the following matters: 4.1.4.1 that they have been charged or convicted of a criminal offence in the UK or elsewhere; 4.1.4.2 that another has referred them for a disciplinary hearing to an Accreditation Scheme, professional body, trade association or regulatory body, or other similar organisation; 4.1.4.3 that a disciplinary allegation has been found proved against them by another Accreditation Scheme, professional body, trade association or regulatory body, or other similar organisation; 4.1.4.4 the institution against them of bankruptcy or directors’ disqualification order; 4.1.4.5 the making of a bankruptcy or directors’ disqualification proceeding; or 4.1.4.6 if they enter into an individual voluntary arrangement with creditors;
4.1.5 Assist the Company in any disciplinary inquiry involving another person who has carried out work for, or on behalf of The Company;
4.1.6 Recognise the limits of their professional or qualified competence;
4.1.7 Keep their knowledge and skills up to date;
4.1.8 Avoid abusing their position; and
4.1.9 Comply with the requirements of any professional or trade association, or accreditation scheme to which they belong.
4.2 Must not engage in conduct that:
4.2.1 Damages the reputation of The Company;
4.2.2 Diminishes public or client confidence in the professionalism and conduct of The Company or 4.2.2.1 damages the trust placed in The Company by lenders and other professionals who may need to rely upon their work.
4.2.3 Must not exploit the vulnerability of consumers or take advantage of their lack of knowledge of the home buying and selling process.
4.3 Home Inspectors and Domestic Energy Assessors must also adhere to the Code of Conduct required by the membership and registration of their professional Accreditation Scheme
5. Skills, ability and personal development
5.1 In all situations must:
5.1.1 Only act if competent to do so;
5.1.2 Carry out their work with reasonable skill and care;
5.1.3 Maintain their professional knowledge and/or skill by participating in lifelong learning;
5.1.4 Observe and keep up to date with laws and statutory codes of practice that affect their work.
5.1.5 Update their professional knowledge and/or work experience and skill through appropriate activities.
6. Conflicts of interest
6.1 Must at all times give an unbiased opinion.
6.2 Must not give or accept any inducement, gift or hospitality that may affect or may be seen to affect their judgement.
6.3 if applicable, must be satisfied that the seller, home owner or other client is being or has been provided with written information concerning whether The Company or individual has any personal or business relationship with any person involved in the sale of the property and that the seller will sign or has signed a declaration that they understand the implications of the information.
6.4 Must not carry out any work if to do so would cause a conflict with the interests of the seller or client.
6.5 If, in the course of carrying out any agreed service a conflict with the interests of the seller arises, then the service should be terminated with a clear written statement giving the reasons.
6.6 If a risk of conflict arises, it must be managed in accordance with any guidance issued by The Company.
7. Advertising
7.1 The Company may only promote and advertise their services in a clear, honest and lawful manner.
7.2 Any advertisement placed by The Company must comply with statutory and national standards to ensure that all advertisements are legal, honest and truthful and that they are clearly identifiable as an advertisement.
8. Marketing
8.1 must operate under fair and honest sales practices.
8.2 must not:
8.2.1 Engage in any commercial practices that are misleading or likely to mislead buyers, sellers or lenders, clients or any professional associated with the buying and sale of houses;
8.2.2 Use physical force, harassment, coercion or undue influence;
8.2.3 Be party to charging fees that are discriminatory or excessive;
8.2.4 Exploit the trust, vulnerability or lack of experience of the public or sellers or buyers; or
8.2.5 Encourage or condone unsafe or harmful practices.
8.3 Home Inspectors or Domestic Energy Assessors carrying out work on behalf of The Company must not offer other services and/or products without having the agreement of The Company. If allowed to do so they must:
8.3.1 act lawfully and responsibly in sending sellers or buyers details of those services and/or products; and
8.3.2 declare, to The Company, any financial benefit that they may receive as a result of sellers or buyers using those services and/or products.
9. Information for the seller or home owner
9.1 An offer by The Company, to sellers and home owners to perform services whether direct or through a third party, must be clear and truthful and contain all relevant pre-contractual information.
9.2 The Company must provide details in writing of:
9.2.1 The terms, conditions and costs associated with the service being provided.
9.2.2 The key features of any services provided; their right to see any personal records held about them and what use that may be made of the data collected by The Company;
9.2.3 The fee for the service or products, including any tax and duties;
9.2.4 How and when the service or products will be delivered; 9.2.4.1 How the information and/or goods will be supplied; 9.2.4.2; Arrangements for a follow up discussion at the client’s request.
9.2.5 The existence and conditions of a right of withdrawal;
9.2.6 The policy and procedure for cancellation of services and the payment of refunds;
9.2.7 The complaint and redress and appeals procedures; and a reference to this Code.
10. Confidentiality
10.1 must explain to customers that the contents of a Home Information Pack, by law, has to be placed on a Public Register (the information about the completion of a Home Condition Report has to be placed on the Register of Home Condition Reports, similarly for an Energy Performance Certificate). This does not apply to Pre-Inspection or similar reports which are strictly confidential.
10.2 must treat all customers’ personal information as private and confidential (even when they are no longer a customer of The Company).
10.3 The Company must not reveal any personal information about sellers unless:
10.3.1 The sellers have given permission for the information to be revealed;
10.3.2 The Company is required to reveal the information by law; or
10.3.3 There is a ‘common law’ duty to the public to reveal the information.
10.4 The Company must notify sellers that their contact details may be used during the process of any service provided for monitoring the compliance and performance of any persons acting for or on behalf of The Company.
10.5 The Company will hold and store all client information in accordance with the Data Protection Act.
11. Diversity
11.1 The Company, and any person working for, or on behalf of The Company must not unlawfully or unjustifiably discriminate against any individual.
11.2 must not discriminate against any individual on the basis of gender, race or disability or allow their views of the lifestyle, culture, belief, colour, gender, sexuality or age of others to prejudice their professional practice and relationships.
12. Insurance
12.1 Home Inspectors must ensure that all Home Condition Reports undertaken by them are covered by adequate and appropriate indemnity insurance cover, as prescribed in the insurance standards adopted by Accreditation Schemes.
12.2 The Company will take out the appropriate insurance cover necessary to enable it to supply its services in compliance with the law.
13. Complaints procedure
13.1 Any person working for, on behalf of The Company shall participate in The Company Complaints Procedure
13.2 must ensure that:
13.2.1 Complaints are initially acknowledged in writing, and the acknowledgement sets out a likely timescale for resolving the complaint;
13.2.2 There is a named individual who is responsible for complaints and who has the authority to resolve complaints; and
13.2.3 Complainants are informed that, if they want to take their complaint further, the complaint can be referred to the appropriate independent complaints handling process.
13.3 Additionally, Home Inspectors and Energy Assessors working for, or on behalf of The Company must participate in a complaints handling system as prescribed by their Accreditation Scheme.
14. Compliance with legislation
14.1 will carry out all work and provide services in compliance with all current legislation.
14.2 will comply with all officially published guidance in providing Home Information Packs and other Services and products as appropriate.
15. Compliance with Health and safety legislation
15.1 All work and services will be carried out in compliance with the Health and Safety at Work Act 1974 and any other Health and safety legislation that may be relevant to the business.
15.1.1 In accordance with the Act all health and safety issues must be reported to the ‘responsible person’.
15.1.2 the ‘responsible person’ must discharge their duties diligently in accordance with the legislation.
15.1.3 any H&S issues must be reported to the named ‘responsible person’. The responsible person shall be responsible for the implementation of appropriate emergency procedures within the workplace and ensure that all other persons required to know of those procedures receive adequate and effective training.
16. Compliance with Security of Information legislation
16.1 will carry out work and services in compliance with the Data Protection Act 1998.
16.1.1 In accordance with the Act all data protection issues must be reported to the ‘responsible person’.
16.1.2 the ‘responsible person’ they must discharge their duties diligently in accordance with the legislation.
16.1.3 must pass on any relevant information to the named ’responsible person’.
17. Limitations
17.1 If any circumstances should arise that prevents the provision or completion of any work or service due to any statutory or voluntary limitation infringements, conflicts of interest or any other reason that may prevent completion the client must be informed immediately in writing giving a clear explanation of reason.
18. Identification
18.1 when visiting clients it is necessary to be able to provide formal identification. This will carry a photograph, a sample of the person’s signature, the company name, capacity in which the person is acting. Home Inspectors and Domestic Energy Assessors working on behalf of The Company may use their own identification provided it complies with their Certification Scheme.
19. Publicity
19.1 This code must be available to a member of the public or customer upon request.
20. Consumer protection
20.1 must act in an open and transparent way in all dealings with the public.