International & Cross-Jurisdictional

Section 1

Purpose

QS firms based in England & Wales increasingly take commissions abroad or serve multinational clients. At pre-appointment, cross-jurisdictional issues span choice of law, RICS's global regulatory reach, international cost and measurement standards, and tax, export-control, and sanctions concerns.

Even a seemingly domestic project may contain international elements — an overseas-based client, foreign-funded debt, design in one jurisdiction and build in another — and trigger obligations that a purely domestic appointment template will not address.

Getting the cross-jurisdictional scope right at pre-appointment is essential: PII territorial cover, sanctions screening, Bribery Act 2010 s.7 exposure, and VAT place-of-supply treatment are all either in place at appointment, or very difficult to correct later.

Section 2

Key Principles

RICS is a global regulator. The Rules of Conduct (October 2021, effective 2 February 2022) apply to all RICS members and regulated firms worldwide. ICMS 3 and IPMS are global RICS-sponsored standards.
Choice of law and jurisdiction must be specified in the appointment. Where an E&W QS serves an overseas Client, default to E&W law unless a specific commercial reason supports otherwise.
International Construction Measurement Standards (ICMS) 3rd edition (2021) is the global cost classification standard for construction and life-cycle-cost reporting.
International Property Measurement Standards (IPMS) — including IPMS All Buildings — provide the global floor-area measurement framework.
International Ethics Standards (IES) is the global ethics framework for the surveying profession, supported by RICS and over 120 signatory organisations.
Bribery Act 2010, s.7 creates a strict-liability corporate offence for failure to prevent bribery by associated persons. Adequate procedures must be evidenced before entering higher-risk jurisdictions.
Sanctions screening against the HM Treasury Office of Financial Sanctions Implementation (OFSI) list is mandatory before accepting overseas instructions; AML/CTF screening also applies.
VAT place-of-supply rules (HMRC Notice 741A) determine whether UK VAT applies — cross-border B2B QS services are usually zero-rated as place of supply is the Client's country, but B2C rules differ.

Section 3

Practical Application

Step 1

Screen every overseas engagement against the OFSI sanctions list and the firm's Bribery Act 2010 jurisdiction risk ranking before commercial terms are agreed.

Step 2

Confirm governing law, jurisdiction, and dispute resolution seat in the Terms of Engagement. Default to E&W law unless the Client insists otherwise and the risk assessment supports it.

Step 3

Specify the measurement standards to be applied: NRM for E&W reporting, ICMS 3 for international cost reporting, IPMS for floor-area measurement. Pick one set and align all deliverables.

Step 4

Confirm PII geographic cover. Most UK PII policies exclude North America by default — obtain a territorial extension in writing before accepting US or Canadian work.

Step 5

Register for local tax where required. For UK QS providing services to a non-UK Client, VAT is usually zero-rated under B2B place-of-supply rules — but check the B2C position and any Client country reverse-charge obligations.

Step 6

Agree language of deliverables, invoicing currency, and FX risk allocation in writing. FX exposure on long-dated commissions can be material.

Step 7

Where local statute requires local partnership (e.g. some GCC jurisdictions), appoint a local partner and confirm the partner is RICS-regulated or holds an equivalent chartered status.

Section 4

Common Mistakes to Avoid

Accepting overseas work without a PII territorial check — discovering post-commission that the policy excludes the jurisdiction.
Not running a Bribery Act / sanctions screen — strict-liability offences under Bribery Act 2010 s.7 for "failure of commercial organisation to prevent bribery".
Using NRM cost classifications on an international project where the Client expects ICMS 3 — cost reports become incompatible with the Client's internal benchmarking.
Silent appointment on governing law and jurisdiction — if a dispute arises, forum-shopping is uncontrolled and outcomes unpredictable.
Invoicing in a single currency with no FX clause — potentially material exposure on long-dated projects.
Assuming RICS Rules of Conduct only apply in the UK — they are a global standard and apply wherever a member or regulated firm practises.

Section 5

APC Competency & Quick Reference

This topic is relevant to: Conduct Rules, Ethics and Professional Practice (Level 2–3); Business Planning (Level 2); Contract Practice and Contract Administration (Level 2–3); Procurement and Tendering (Level 2–3); Quantification and Costing of Construction Works (Level 2).

What is ICMS 3 and when is it used?

International Construction Measurement Standards, 3rd edition (2021) — a global cost classification framework for construction and life-cycle-cost reporting. Used on international Clients, multi-jurisdiction portfolios, or where global benchmarking is required. NRM remains the default for domestic E&W reporting. Source: ICMS 3rd edition (November 2021) — https://www.rics.org/content/dam/ricsglobal/documents/standards/icms_3rd_edition_final.pdf

What pre-engagement checks are needed before taking on overseas work?

OFSI sanctions screening; Bribery Act 2010 jurisdiction risk assessment; PII territorial cover confirmation; local licensing and partnership checks; governing law and jurisdiction clauses in the appointment; VAT place-of-supply treatment; and FX/currency allocation. Source: RICS Countering Financial Crime, 2nd edition (section on sanctions and Bribery Act screening) — https://www.rics.org/content/dam/ricsglobal/documents/standards/Countering-financial-crime_2nd-edition_amended3.pdf

Do the RICS Rules of Conduct apply outside the UK?

Yes. The Rules of Conduct (October 2021) are a global standard applicable to all RICS members and RICS-regulated firms wherever they practise. Local laws apply in addition — where there is a conflict, local law prevails, but the member must still comply with the Rules to the extent possible. Source: RICS Rules of Conduct (October 2021), Global Application — https://www.rics.org/content/dam/ricsglobal/documents/standards/2021_roc_en.pdf

Section 6

Pre-Appointment Checklist

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OFSI sanctions and Bribery Act 2010 jurisdiction risk screen completed before commercial terms

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Governing law, jurisdiction, and dispute resolution seat specified in Terms of Engagement

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PII territorial cover confirmed; territorial extension obtained for US or Canadian work

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Measurement standards (NRM / ICMS 3 / IPMS) selected and applied consistently across deliverables

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VAT place-of-supply treatment confirmed; invoicing currency and FX allocation agreed in writing

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Local partnership and licensing requirements checked and documented

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Language of deliverables and scope of translation agreed with the Client

Section 7

CPD Learning Outcomes

Identify the international measurement and ethics standards applicable to cross-border QS work.
Apply sanctions, Bribery Act 2010, and PII territorial checks at pre-appointment stage.
Demonstrate compliant drafting of governing law, jurisdiction, and currency clauses in an international appointment.

Section 8