Tuesday 26 October 2010

DEA code of conduct

I have copied the code of conduct for DEAs below - I do think its invaluable for DEAs to refresh themselves as to what professional standards are expected from them as well as Vendors/Estate or Letting Agents/Landlords being able to clearly see what the DEA is expected to do.

If you have a DEA round to your property who doesn't follow the code of conduct below you can and should complain.

Code of Conduct for Domestic Energy Assessors
1. Introduction
1.1 This document is the Code of Practice (‘the Code’) for Domestic Energy Assessors.
1.2 The Code sets out the principles that must be followed and applied by all Domestic
Energy Assessors.
1.3 The Code forms part of a wider package of registration and disciplinary information with
which Domestic Energy Assessors must comply.
2. Purpose
2.1 The purpose of this Code is to set out the rules and standards of conduct that are
expected of Domestic Energy Assessors and to inform members of the public about the
standards of conduct that they can expect from a Domestic Energy Assessor.
2.2 This Code aims to promote:
2.2.1 the best standards of practice by Domestic Energy Assessors; and
2.2.2 confidence in the integrity of the Accreditation Scheme, Domestic Energy
Assessors and the Energy Performance Certificate.
3. Application
3.1 Domestic Energy Assessors 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 action being taken against a Domestic Energy Assessor by their
Accreditation Scheme.
4. Personal and Professional Standards
4.1 Domestic Energy Assessors must at all times (whether inside or outside work):
4.1.1 act with integrity;
4.1.2 be honest and trustworthy;
4.1.3 be open and transparent in their dealings;
4.1.4 disclose to the Accreditation Scheme 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 they have been referred for a disciplinary hearing by another
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 Accreditation Scheme in any disciplinary inquiry involving
another Domestic Energy Assessor;
4.1.6 recognise the limits of their professional competence;
4.1.7 keep their professional knowledge and skills up to date;
4.1.8 avoid abusing their position as a Domestic Energy Assessor; and
4.1.9 comply with the requirements of the Accreditation Scheme s of which they are a
member and their governing legislation.
4.2 A Domestic Energy Assessor must not engage in conduct that:
4.2.1 damages the reputation of Domestic Energy Assessors;
4.2.2 diminishes public confidence in the Accreditation Scheme, Home
Inspectors or the Energy Performance Certificate; or
4.2.3 damages the trust placed in Domestic Energy Assessors by lenders and
other professionals who may need to rely upon their work.
4.2.3 A Domestic Energy Assessor must not exploit the vulnerability of consumers or take
advantage of their lack of knowledge of the home buying and selling process.
5. Skills and ability
5.1 Domestic Energy Assessors 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 skill by participating in lifelong learning
and recording the outcomes; and
5.1.4 observe and keep up to date with laws and statutory codes of practice that
affect their work.
6. Conflicts of interest
6.1 A Domestic Energy Assessor must at all times give an unbiased opinion.
6.2 A Domestic Energy Assessor must not give or accept any inducement, gift or
hospitality that may affect or may be seen to affect their judgement.
6.3 A Domestic Energy Assessor must be satisfied that the seller is being or has been
provided with written information concerning whether the Domestic Energy Assessor 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 A Domestic Energy Assessor must not prepare a Energy Performance Certificate if to do
so would cause a conflict with the interests of sellers.
6.5 If, in the course of preparing a Energy Performance Certificate, a conflict with the
interests of the seller or other professionals arises, the Domestic Energy Assessor
must decline the instructions to prepare the Report.
6.6 If a risk of conflict arises, it must be managed in accordance with any guidance issued by
the Accreditation Scheme.
7. Advertising
7.1 Domestic Energy Assessors may only promote and advertise their services in a
clear, honest and lawful manner.
7.2 Any advertisement placed by a Domestic Energy Assessor must comply with scheme
standards and 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 Domestic Energy Assessors must operate under fair and honest sales practices.
8.2 Domestic Energy Assessors must not:
8.2.1 engage in any commercial practices that are misleading or likely to mislead
buyers, sellers or lenders;
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 buyers, sellers or
lenders; or
8.2.5
encourage or condone unsafe or harmful practices.
8.3 If Domestic Energy Assessors offer sellers or buyers other services and/or
products, 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 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
9.1 A Domestic Energy Assessor’s offer, to sellers to perform services whether direct or
through a third party, must be clear and truthful and contain all relevant pre-contractual
information.
9.2 When offering to provide a service to produce a Energy Performance Certificate,
Domestic Energy Assessors must be satisfied that sellers are provided with details in
writing of:
9.2.1 the terms, conditions and costs associated with instructing th
e
Domestic Energy Assessor
9.2.2 the key features of the Energy Performance Certificate; their right to see any
personal records Domestic Energy Assessors hold about them what use that may
be made of the data collected by Domestic Energy Assessors;
9.2.3 the fee for the work, including any tax and duties;
9.2.4 how and when the Energy Performance Certificate will be delivered;
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
9.2.8 a reference to this Code.
10. Confidentiality
10.1 Domestic Energy Assessors must explain to sellers that information about the
completion of the Energy Performance Certificate has to be placed on the Register of
Energy Performance Certificates.
10.2 Domestic Energy Assessors must treat all sellers’ personal information as private and
confidential (even when they are no longer a customer of the Domestic Energy
Assessor).
10.3 Domestic Energy Assessors 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 Domestic Energy Assessor has 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 Domestic Energy Assessors must notify sellers that their contact details may be used
during the process for monitoring the compliance and performance of Domestic Energy
Assessors.
11. Diversity
11.1 Domestic Energy Assessors must not unlawfully or unjustifiably discriminate against
any individual in their practice as Domestic Energy Assessors.
11.2 Domestic Energy Assessors 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 Domestic Energy Assessors must ensure that all Energy Performance Certificates
undertaken by them are covered by adequate and appropriate indemnity insurance
cover, as prescribed in the insurance standards adopted by Accreditation Schemes.
13. Complaints procedure
13.1 Domestic Energy Assessors must participate in a complaints handling system as
prescribed by the Accreditation Scheme.
13.2 Domestic Energy Assessors 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, if appropriate; and
13.2.3 complainants are informed that if they want to take their complaint further, the
complaint can be referred to a Accreditation Scheme complaints handling process.
14. Publicity
Domestic Energy Assessors must make this Code available to a member of the
public upon request.

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