Ethical Dilemmas faced by property professionals - Essay Example

Ethical Dilemmas faced by property professionals Introduction Ethical dilemma is a form of complex moral and ethical problem that extends beyond the resolution by mere formal professional conduct, to entail issues of morality that asks the questions or right or wrong, good or bad (Colle & Werhane, 2008:757). These questions assess whether the legal, economic and political factors may be in line with the decision. Acting professionally in terms of property professionals means adhering to the high and strict standards of conduct in undertaking the surveying and other building duties, defined both in terms of proficiency and competency in performing the duties, while also applying the personal, moral, legal and social standards of what is right (Dabson, Plimmer, Kenney & Waters, 2007:2). The ethical and professional challenges raised by the scenario The large retail development scenario given raises several issues in relation to the concept of acting professionally within the building and surveying profession. These ethical dilemmas issues include: Ethical Dilemma I First, in relation to the RICS ethical principle of integrity, there is the ethical question of the demolition of a group of historic buildings, which are used as small retail units by local independent shops, to replace them with a large retail development. The actual ethical dilemma arising under this situations, is the conflict between modernizing the economy of the large city through the construction of modern retail building that might attract large business, thus growing the economy of the city and creating employment for the locals on the one hand, and the morality of displacing the local independent shop owners by the large retail business on the other hand. According to the Theory of Ethics, basic rules can be applied to determine the right or wrong of an action (Dabson, Plimmer, Kenney & Waters, 2007:6). In this respect, the ethical theory is therefore highly concerned with the procedures, and thus the theory holds that the fairness or otherwise of an outcome, is judged entirely by the fairness or lack of fairness in the process (Dabson, Plimmer, Kenney & Waters, 2007:6). In this respect, the RICS Professional and Ethical Standard of integrity is evoked by the scenario, where the integrity question refers to the truthfulness and the honesty of any action that is taken (RICS, 2013:n.p.). The honesty and the truthfulness has to be in relation to the benefit for the locals, from the actions of the large developer to demolish the historical buildings used by local independent shop owners as independent shops and replace them with the large retail development projects. It might be true that once the large retail development is build, the economy of the city will been in a better position to grow and expand such that it will also benefit the locals directly through the creation of new jobs and indirectly through the diverse benefits that comes with a good economy (Blowers & Evans, 1997:27). On the other hand, there is truthfulness in that the establishment of the large retail development will harm the owners of the small shop units. Balancing the two aspects creates an ethical dilemma. Suggested appropriate course of action The Ethical Theory provides the framework for the resolution of this ethical dilemma. Under the Ethical Theory, the fairness or otherwise of an outcome, is directly related to the fairness or otherwise of the process (Dabson, Plimmer, Kenney & Waters, 2007:6). In this respect, since according to the Ethical Theory, since the fairness or lack of it in an outcome depends on the fairness or lack of it in the process, the integrity of the property profession can be upheld through applying the fair process, which entails establishing the overall benefits and costs associated with the project (Campbell & Fainstein, 1996:36). Once the benefits and the costs associated with the new large retail development are established, it is therefore possible to invoke the integrity principle under RICS Professional and Ethical Standards, which will then establish the truthfulness and honesty of the benefits and the costs that the local population will suffer (Campbell, 2006:97). The Theory of Ethics provides that basic rules can be applied to determine the right or wrong of an action (Dabson, Plimmer, Kenney & Waters, 2007:7). Therefore, in this case, the basic rules of overall benefits and costs can be applied to determine the right or wrong of the large retail development action, and thus help in resolving the ethical dilemma. The basic rule in this case should be the overall benefit of the local community, in terms of both the direct and the indirect benefits obtainable from the large retail development project. Under circumstances where the benefits for the locals are higher than the costs, the local buildings can then be demolished and replaced with the large retail development, as an element of upholding the integrity principle (Guy & Henneberry, 2000:2315). On the other hand, where the costs suffered by the locals, such as the loss of employment through the demolition of their shops is higher, the project should be stopped. Ethical Dilemma II The second ethical dilemma raised by the large retail development scenario is the ethical question of acting to promote trust in the profession and taking responsibility principles of RICS, for the building and surveying profession, which are determined by the concept of land use (Healey, 1997:16). The core principle of surveying and building profession is the economic use of land and available space (Igloo, 2002:44). On the other hand, the construction of the large retail development is poised to significantly intensify land use, where the land utilized take the available space occupied by the old historic buildings and extend further, owing to the large space that is necessary for the construction of the retail development. This conflicting requirement raises an ethical dilemma. The profession of building surveying is anchored on two fundamental principles. First, the building survey profession is anchored on the principle of sustainability, which requires that the establishment of buildings on land should be done in such a way as to ensure that the buildings are sustainable, and the land use is sustainable (Kauko, 2001:167). In this respect, the building surveyors should ensure to use land in such a way that a single development project does not occupy the whole land space, and thus deny other facilities the buildings the space for future development (Harvey, 2000:81). Secondly, the building surveying profession is anchored on the principle of preservation and restoration of historical buildings and monuments (Adams, D. and Tiesdell, 2010:204). Under this core principle of the building surveying profession, it is required that the planners and designers of buildings will pay attention to the existence of historical buildings or monuments, and act towards their preservation, restoration and refurbishment, to ensure they continue to exist for posterity (Colle, S & Werhane, 2008:763). In this respect, the ethical dilemma of land use is related to the above two core principles of building surveying profession, which require that the available land space should be used economically, while also ensuring that the existing historical buildings are preserved for posterity (). The ethical dilemma in this case has to do with balancing the benefits obtainable from the large retail development project for the people, with the need to ensure that the building and surveying profession still adhere to the two core principles of the profession. The establishment of the large retail development is poised to grow the economy of the large city, as well as create employment for the local population. In this respect, the establishment of the project would be beneficial, since it would make it possible for the utilization of resources that are currently laying idle, for the benefit of the local population and the benefit of the city’s economy as a whole (). On the other hand, the establishment of the large retail development will conflict with the core principle of the building surveying profession, by requiring the use of more land space, which means that it will jeopardize the chances of establishing future development projects in the region, since it will have occupied all the space (). Further, despite the possible benefits obtainable from the establishment of the large retail development, its establishment will conflict with the building and surveying core principle of historical and monumental buildings preservation, considering that it will require that the historical building already existing are demolished, so that the large retail development can be established in their place. Therefore, balancing the aspect of benefits obtainable from the large retail development project and the violation of the building and surveying core values becomes a complex issue, and thus raises an ethical dilemma. Suggested appropriate course of action Acting professionally refers to the concept of professionals performing their duties in line with the high and strict standards guiding their profession (E). In addition, the Theory of Ethics, under the principle of social ethics, provides that the rules governing the conduct of any group or of an individual are those that people would agree with, based on both knowledge and reason (E). The requirements of Social Contract Ethics further advances the concept of professional conduct, by providing that acting professionally is only legitimate, where there is a voluntary acceptance by a group or an individual to adhere to the high and strict standards of professions, without being imposed or implored upon by external forces (E). Therefore, these guidelines of the Ethical Theory and the Social Contract Ethics provides the basis for resolving the ethical dilemma related to the conflict between the principle of Act in a way that promotes trust in the profession as provided by the RICS and foregoing the benefits obtainable from the large retail development project. The guidelines assert the need to adhere to the rules of profession conduct provided under the building and surveying profession. Therefore, the necessary course of action to resolve this ethical dilemma is for the building and surveying professional to strictly adhere to the two core principles of their profession by only allowing the project where there is economic land use and by ensuring to preserve the historical buildings already existing for the purpose of prosperity(). Therefore, in adhering to the two principle of RICS namely, acting to promote professionalism and taking responsibility, the building and surveying professional should stop the large retail building development project, since it requires more land space on one hand, and also requires the demolition of the historical buildings on the other hand. Ethical Dilemma II The other ethical dilemma under the large retail development scenario presented, is in relation o the two principles of RICS, requiring that the building and surveying professionals treat others with respect and that the professionals should always provide a high standard of service (R). This dilemma arises because; the establishment of the large retail development project will affect the local community through the project effecting semi-privatization of currently accessible public space on the one hand, and impacting negatively on the relationship with the local communities, on the other hand. The principle of treating others with respect as provides by RICS, requires that the building and surveying professionals should treat both the client and the public affected by their project with respect (). In this respect, the building and surveying professionals are tasked with the responsibility of ensuring that the interest of all parties are put into consideration, since it is through putting the interest of the public and that of the client in consideration while designing a project, that all parties will be respected. The second principle of RICS providing for the professionals to always provide a high standard of service requires that the building and surveying professionals should ensure that the service s they provide are quality, and thus they do not raise conflict either with the client or the public (). Thus, the ethical dilemma faced by the building and surveying profession in this case is the dilemma of balancing the RICS requirement that all the parties to a project should be respected, yet in this scenario, the client and the local community does not have the same interest. While the client is seeking for the execution of the project, and therefore will feel respected once the project has been implemented, the local community are opposed to the project, since it will semi-privatize their public land, and also because it will make them lose their small unit shops that they operate in the historical buildings that the project will have demolished. This will in turn develop a negative relationship between the building and the surveying professionals and the local community if the project is implemented, and between the client and the building and surveying professionals, if the project is not implemented. Thus, the building and surveying professional is faced with the ethical dilemma of making both the local community and the client feel respected at the same time, and still provide high standard services to both parties. Suggested appropriate course of action According to the principle of Social Contracts Ethics, the problem arising from the judgment-based set of values is the fact that there is potentially different interpretations from different parties in different circumstances, resulting to the inconsistency of the outcomes (). Therefore, the fact that the principles of code of ethics established by RICS are judgment-based set of values, it means that they cannot achieve the consistency of professional standards, since the inherent problem they seek to resolve cannot derive consistency when interpreted by different parties with different interests (). Therefore, the ethical dilemma raised in the large retail development scenario cannot derive consistent outcomes when evaluated from the interest of the client and that of the local communities, whose interests are conflicting and directly opposite. Thus, to resolve the ethical dilemma in this case, the ethical professional should apply the ethical principle of RICS, which provides that the building and surveying professionals should act within their limitations (). In this respect, the building and surveying professional should respect the local community’s public space, by preventing the implementation of the large retail development project, which will encroach and semi-privatize some section of the public space. This way, the building and surveying professional will have respected the local community and will have also offered a high standard service to the local community, through safeguarding their public space. References Adams, D. and Tiesdell, S. (2010) Planners as market actors: understanding state-market relations in land and property, Planning Theory and Practice, 11(2), pp.187-207 Blowers, A. and B. Evans (eds.) (1997) Town planning into the 21st century, Routledge: London Campbell, H.J. 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