Official Gazette Date:  28/12/2023

Official Gazette Number: 32413

COMPULSORY EARTHQUAKE INSURANCE TARİFF AND INSTRUCTION

Purpose and Scope

ARTICLE 1 - (1) The following tariffs and instructions are applied to the Compulsory Earthquake Insurance to be made pursuant to the Catastrophe Insurance Law No. 6305 and dated 9/5/2012.

Tariff

ARTICLE 2 - (1) The premium to be paid is calculated by applying the following tariff according to the insurance amount, which is determined in accordance with the principles set forth in Article 4, risk group and building type. In any case, the minimum premium amount to be determined in this way cannot be less than TL 1031 TL 915, TL 778, TL 730, TL 549, TL 390 and TL 265, respectively, from the first group to the seventh group according to the risk group.  

(2) For the buildings with construction license year is 2000²  earlier, the above tariff price is applied by increasing it by 10%.

(3) 10% discount is applied over the above tariff price in the buildings with 3 or less total number of floors above ground level. 

(4) For the buildings with 8 or more number of floors above ground, the above tariff price is applied by increasing it by 10%. 

(5) Ground floor and basement floors below are not included in the calculation of the number of floors. 

(6) If the insurance is renewed within 30 days at the latest at the end of the policy period, 20% discount is made over the above tariff prices for the renewed policy. 

(7) Except for the renewal discount, no discount or surcharge is applied to the other building group. 

(8) It is applied by adding together of the combined discounts and surcharges. 

(9) Earthquake risk groups are determined by using the Turkey Earthquake Hazard Map resources, soil conditions and building characteristics, and they are published on the website of the Turkish Catastrophe Insurance Pool.

a) Reinforced Concrete: These are the buildings with steel or reinforced concrete structural system.

b) Other: These are the structures that do not fall into the above group.

Maximum Guarantee Amount

ARTICLE 3 – (1) Within the scope of Compulsory Earthquake Insurance, the maximum guarantee amount that can be given for a housing is TL 1 milliyon 339 thousand 762 T6 regardless of the type of building.

Determination of the Insurance Amount

ARTICLE 4 – (1) The amount found by multiplying the square meter price, which is specified below for the building type of the housing being insured, by the gross area (or approximate area) of the same dwelling is taken as a basis in determining the insurance amount. The insurance amount of the dwelling with Compulsory Earthquake Insurance may not exceed the maximum guarantee amount specified in Article 3. 

Exemption

ARTICLE 5 – (1) A “Deductible exemption” at a rate of 2% of the insurance amount is applied for each claim. The Turkish Catastrophe Insurance Pool is responsible for the portion of the claim which exceeds the exemption amount found this way. For the application of exemption purposes, each 72-hour period counts as one claim.

Term of the Insurance

ARTICLE 6 – (1) The term of the insurance is one year. The expired policy is renewed every year by the insured or the insurant.

Authorized Insurance Companies and Collection of Premiums

ARTICLE 7 – (1) Compulsory Earthquake Insurance is issued by the Turkish Catastrophe Insurance Pool through direct sales practices or by the insurance companies authorized to insure on behalf and account of the Institution and their agents. The premium amount determined according to this tariff and instruction is collected in advance. It is possible to pay the premium amount in instalments by credit card or other similar regular payment methods, depending on the conditions determined by the Turkish Catastrophe Insurance Pool.

(2) The compulsory earthquake insurance, which must be obtained in connection with the housing loans disbursed by the banks, is issued by informing the insured party by the bank disbursing the loan, if it has not been obtained by the borrower of the housing loan. In the event that the insured party does not renew the policy during the loan period, the relevant policy is renewed by the bank, which informs the insured party.

(3) The issued Compulsory Earthquake Insurance policy cannot be terminated, except in the mandatory cases specified in the General Conditions of the Compulsory Earthquake Insurance. It is possible to cancel renewed policies before they become effective, limited to the policies within 60 days of expiry.

Commission

ARTICLE 8 – (1) The insurance companies authorized to conclude the Compulsory Earthquake Insurance contracts on behalf of and on account of the Turkish Catastrophe Insurance Pool are paid a commission of 12.5% for the risks located in Istanbul and 17.5% for risks located in other provinces over the amount of premium of the compulsory earthquake insurance issued by them or their agents. Where limited to renewal policies, rates of 15% and 20% are applied, respectively.

(2) However, the minimum commission to be paid to the authorized insurance company for each insurance contract is TL 10, and TL 15 for renewal policies. TL 3 of the minimum commission paid is allocated to the insurance company and TL 7 to the agency. For renewal policies, TL 3 is allocated to the insurance company and TL 12 to the agency. Where the commission to be paid to the insurance company within the scope of the rates specified in the first paragraph exceeds TL 10, or TL 15 for renewal policies, the commission to be allocated to the agency is determined freely between the insurance company and the agency, provided that the minimum amount is not lowered.

(3) In addition to the commission rates determined above, successful insurance companies and agents may be paid an incentive commission or receive an incentive award within the principles to be determined by the Board of Directors of the Turkish Catastrophe Insurance Pool.

(4) The fee to be paid to the organizations from which services are purchased in direct sales practices is determined by the Board of Directors.

Optional Insurance

ARTICLE 9 – (1) Persons and organizations other than the Turkish Catastrophe Insurance Pool are not permitted to issue Compulsory Earthquake Insurance. However, if the reconstruction cost of the independent sections or buildings, for which Compulsory Earthquake Insurance has been obtained, exceeds the insurance amount calculated according to Article 4, insurance companies may issue optional earthquake insurance for the portion exceeding the stated insurance amount, provided that the Compulsory Earthquake Insurance has been purchased.

(2) The existence of Compulsory Earthquake Insurance is checked by insurance companies while issuing all insurance policies containing an earthquake guarantee. If it has not been issued, Compulsory Earthquake Insurance is issued by the relevant insurance company, informing the insured party.

Repealed communiqué

ARTICLE 10 – (1) An amendment was made in the Compulsory Earthquake Insurance Tariff and Instruction Communiqué published in Issue 32024 of the Official Gazette dated 25 December 2022.

Entry into Force

ARTICLE 11 – (1) This communiqué enters force on the date of its publication, effective from 01/01/2024

Execution

ARTICLE 12 – (1) The provisions of this Communiqué are executed by the President of the Ministry of Treasury and Finance, Insurance and Private Pension Regulation and Supervision Agency 

¹ With effect from 01 January 2024, with the amendment published in Issue 32413 of the Official Gazette dated 28 December 2023, the expression of "640,000" was replaced with the expression of "1.339,762".

² With the amendment in the Communiqué published in Issue 31662 of the Official Gazette dated 28 December 2023, the table was changed to be effective from 01 January 2023. The form of the table before the change is set out below: