The RICS has recently published the RICS Professional Standard: Surveyors acting as expert witnesses, 5th edition, July 2026, effective from 30 November 2026.
This professional standard is to be read alongside the RICS Practice Guidance: Additional guidance for surveyors acting as expert witnesses1, which contains additional information to assist members in applying the mandatory duties under the standard and rules of the tribunal, including those who support, instruct, or advise expert witnesses.
The RICS has also published a Combined Document: Surveyors acting as expert witnesses and Additional guidance for surveyors acting as expert witness combined document2. This document acts as a ‘tribunal-friendly’ version, in which both professional standard and practice guidance are contained in one single, internally hyperlinked document for easy referencing.
Effective from 30 November 2026, the revised documents update the expert witness framework, strengthen requirements around expert independence and transparency, and introduce significant provisions addressing artificial intelligence, conflicts of interest and expert report writing.
For surveyors acting as expert witnesses, the principal message is clear: the expert’s overriding duty to the tribunal remains paramount, but the expectation of transparency, disclosure and accountability has increased significantly.
The current standard sets out some key points, which I will address within this article, as follows:
- The use of Artificial Intelligence
- Conflict of Interest Disclosure Requirements
- Requirements for Expert Reports
- Conditional Fee Arrangements
- Clarity of Expert Instructions
- Clearer Regulation of the Dual Role of Expert and Advocate
- Greater Accountability and Regulatory Consequences
- Global Application of the Standard
1. Artificial Intelligence
Perhaps the most significant development is the explicit recognition of artificial intelligence and other technology-assisted processes in expert witness work.
The new guidance requires experts to:
- disclose where AI or similar tools have been used in producing evidence
- identify any work undertaken by others or through AI-assisted processes
- explain methodologies and analytical tools used
- reference AI-derived material where this is relied upon in reports
- remain personally responsible for the opinions expressed.
The guidance also treats AI-generated information as a form of hearsay evidence that may require careful scrutiny regarding reliability and source material. Surveyors can use AI tools, but the expert opinion must remain their own independent work and judgement.
The practical implication is that experts can no longer simply use AI-assisted analysis without disclosure. Any reliance on AI will need to be transparent, explained and capable of withstanding challenge at tribunal.
2. Conflict of Interest Disclosure Requirements
The RICS Professional Standard introduces a much more robust approach to conflicts of interest, making reference to the current edition of the RICS’ Conflicts of Interest.
The key point on conflicts of interest is the requirement to disclose situations where the expert has “regular reliance on the same instructing party for multiple instructions, particularly where the member derives a significant proportion of their income from that party.”3
Regular appointments by the same client are now specifically identified as a potential conflict of interest and “Any such financial dependence must be disclosed in the expert’s report in order that it can be understood by the tribunal and the parties, and its relevance assessed.”4
So that impartiality is not compromised and to avoid legal and regulatory consequences, experts must:
- not act if there is an undeclared conflict of interest
- not permit any conflict of interest to arise without a declaration
- identify and declare the conflict
If an actual or potential conflict of interest comes to the attention of a member, the member must immediately disclose that conflict to those instructing, and:
- take steps to remove the cause of the conflict without delay, or
- consider withdrawing from the engagement
- consider whether a written request to the tribunal for direction on the matter would be appropriate where proceedings have commenced.
Therefore, experts who regularly work for the same client regularly will need to provide significantly greater disclosure than has previously been the case to ensure there is no conflict of interest.
3. Requirements for Expert Reports
The requirements for written reports have been substantially expanded.
New and enhanced obligations include:
- identifying all assumptions underpinning opinions
- setting out alternative conclusions where opinions depend on disputed legal assumptions
- explaining competing schools of professional thought
- expressing separate opinions for different factual scenarios
- clearly identifying work undertaken by third parties
- providing greater transparency of methodology and reasoning.
Reports must now demonstrate not only the conclusion reached but also why alternative conclusions were rejected.
The practical implication is that expert reports are likely to become longer, more analytical and more transparent in their reasoning.
4. Conditional Fee Arrangements
The 5th Edition maintains the general prohibition on expert witnesses acting under conditional or success-based fee arrangements, reflecting RICS’ long-standing view that such arrangements may compromise, or be perceived to compromise, the independence of expert evidence.
However, the standard now introduces a limited exception where a pre-existing conditional fee arrangement already exists between the surveyor and the client. In these circumstances, an expert may be permitted to continue acting where four conditions are satisfied:
- the tribunal’s rules permit such an arrangement;
- the conditional fee arrangement pre-dates the expert appointment;
- the client is informed that the arrangement may affect the weight attached to the expert’s evidence; and
- the existence of the arrangement is disclosed to the tribunal.
Importantly, the exception does not permit new conditional fee arrangements to be entered into for expert witness work. To ensure transparency, any expert relying on the exception must disclose the arrangement and include a declaration, as follows:
‘I confirm that I am instructed by way of a conditional fee arrangement within the exception set out in section 3.3.2, paragraph 3 of the 5th edition of RICS’ professional standard Surveyors acting as expert witnesses (“the standard”). I confirm that I have disclosed the existence of any conditional fee arrangements in related cases as required by section 3.3.2, paragraph 3(d) of the standard. I confirm that I have complied with all other requirements of the standard.’5
5. Transparency of Expert Instructions
The new standard requires clear records of instructions and places greater emphasis on disclosure.
Experts must:
- verify instructions before acceptance
- keep records of all instructions and amendments
- identify the substance of material instructions in reports
- explain where others or AI have contributed to the work.
The practical implication is that experts should be aware that aspects of their instructions may come under scrutiny and should maintain robust records from the outset.
6. Clearer Regulation of the Dual Role of Expert and Advocate
The guidance continues to permit the dual role of expert witness and advocate only in limited circumstances. It places considerable emphasis on the distinction between the roles, reinforcing that they are fundamentally different functions with different duties.
The guidance reiterates that an expert witness’s primary and overriding duty is to the tribunal, not to the client or those instructing them. An expert must provide independent, impartial and objective opinion evidence, including opinions that may be adverse to the client’s case.
By contrast, an advocate’s role is to present and advance the client’s case as effectively as possible within the bounds of their professional obligations.
The Additional Guidance expressly refers to the well-established principle that:
“An expert witness should never assume the role of an advocate.”6
The expert’s function is to assist the tribunal on matters within their expertise, whereas the advocate seeks to persuade the tribunal on behalf of the client.
A recurring theme throughout the new standard is that experts must avoid becoming part of the litigation or advocacy team. Even when attending conferences with lawyers, mediations or settlement discussions, the expert must maintain their independence and not adopt a partisan position. The guidance notes that there may be occasions when an expert should remove themselves from discussions in order to preserve that independence.
The new standard contains a dedicated section on the “dual role” of surveyor-advocate and expert witness. The default position is that surveyors should not perform both roles, except in limited circumstances where:
- the tribunal permits it;
- it is proportionate and appropriate to do so; and
- the client has been advised of the advantages and disadvantages.
Where a surveyor does undertake both roles, they must:
- inform the tribunal;
- clearly distinguish between advocacy and expert opinion at all times; and
- consider the impact on the perceived independence of their evidence.
The guidance repeatedly emphasises that experts must remain independent, objective and impartial, and should never assume the role of an advocate. Although the dual role of surveyor-advocate and expert witness remains permissible in limited circumstances, the new standard strengthens the safeguards around its use and requires transparent disclosure to the tribunal. This is very much in line with the requirements under CPR357.
7. Greater Accountability and Regulatory Consequences
Throughout the standard there is an emphasis on accountability.
The guidance reminds experts that failures may result in:
- tribunal criticism
- adverse costs consequences
- contempt proceedings
- professional negligence claims
- RICS disciplinary action.
There is a clear shift towards ensuring experts understand that regulatory and legal consequences can arise from poor expert witness practice.
8. Global Application of the Standard
The latest RICS standard places considerable emphasis on global applicability, while recognising that expert witness practice is ultimately governed by the laws and procedures of the jurisdiction in which the surveyor is acting.
Both the Professional Standard and the Additional Guidance state that they apply globally to all RICS members, not just those practising in England and Wales. The publication itself is described as a “Global 5th Edition”.
Although the new RICS Standard is framed as a global standard applicable to all RICS members, it recognises the diversity of expert witness procedures across jurisdictions. The guidance emphasises that local laws and tribunal rules take precedence where conflicts arise, but seeks to establish a consistent international benchmark based upon independence, impartiality, transparency and the expert’s overriding duty to the tribunal.
Conclusion
The new 5th edition of Surveyors acting as expert witnesses professional standard seeks to significantly strengthen existing principles and intends to support best practice, global consistency and the public interest in expert witness services through a major update, addressing matters such as conditional fees and modern technology challenges and focuses on integrity, impartiality and acting within an area of expertise.
The guidance also introduces a number of measures aimed at reducing both actual and perceived pressure on experts. These include enhanced conflict-of-interest disclosures, particularly where an expert derives a significant proportion of their income from a particular client, restrictions on conditional and success-based fee arrangements, and mandatory declarations within expert reports confirming compliance with duties to the tribunal.
One of the most significant changes in the new Standard is that RICS has moved away from what was often perceived as a predominantly UK-focused expert witness guidance note and has repositioned it as a genuinely global professional standard intended to provide a common framework for expert witnesses operating across dispute resolution forums worldwide.
Collectively, these provisions are intended to reinforce public confidence that expert evidence reflects the expert’s independent professional opinion rather than the interests of the party who instructs or pays them.
This updated framework should be viewed not merely as a compliance exercise, but as a roadmap for strengthening the credibility and effectiveness of expert evidence in contemporary dispute resolution.
References
- RICS Practice Guidance: Additional guidance for surveyors acting as expert witnesses, 5th edition, July 2026, effective from 30 November 2026. ↩︎
- Combined Document: Surveyors acting as expert witnesses and Additional guidance for surveyors acting as expert witness combined document, 5th edition, July 2026. ↩︎
- RICS Professional Standard: Surveyors acting as expert witnesses, 5th edition, July 2026, pg. 10. ↩︎
- RICS Professional Standard: Surveyors acting as expert witnesses, 5th edition, July 2026, pg. 10. ↩︎
- RICS Professional Standard: Surveyors acting as expert witnesses, 5th edition, July 2026, pg. 14. ↩︎
- RICS Practice Guidance: Additional guidance for surveyors acting as expert witnesses, 5th edition, July 2026, effective from 30 November 2026, page 7. ↩︎
- PART 35 – EXPERTS AND ASSESSORS – Civil Procedure Rules – Justice UK ↩︎