Official Gazette Date: January 17, 2018 Wednesday
Official Gazette Issue Number: 30304
TARIFF AND INSTRUCTION OF COMPULSORY EARTHQUAKE INSURANCE
Purpose and Scope
ARTICLE 1 - (1) The tariff and instructions, which are given below, shall be applied on the Compulsory Earthquake Insurance, which will be provided pursuant to Catastrophe Insurance Law No: 6305 dated 09/05/2012.
ARTICLE 2 - (1) The payable premium shall be calculated by adding TRY 10 to the insurance fee established as per the principles stated in article 4 after implementing the tariff given below by considering the earthquake zone and building style characteristics. This amount shall be applied as TRY 15 for risks located in Istanbul province. The minimum premium amount to be determined in this manner cannot be less than TRY 95, TRY 70, TRY 55, TRY 45 and TRY 35 respectively from the first region to fifth region according to the earthquake risk zone.
|Rates Based on Zoones as per the Building Type(‰)||1st Region ‰||2nd Region ‰||3rd Region ‰||4th Region ‰||5th Region ‰|
|A-Steel, ferro-concrete, carcass buildings||2.20||1.55||0.83||0.55||0.44|
(2) An additional 10% discount is made over the tariff prices given above for the buildings with construction licenses from 2007 and onwards.
(3) Arranging a compulsory earthquake insurance by the building / housing estate managements in accordance with the third paragraph of Article 17 and the fifth paragraph of the article 21 of the Property Ownership Law No. 634 is evaluated within the scope of the management of the main real estate. %20 discount shall be applied if building / housing estate management insures all dwellings in the building or the estate.
(4) In the event the policy shall be renewed no later than 30 days at the end of the policy period, 10% discount for the first, second and third renewals and 20% for the subsequent renewals following the third renewal shall be applied over the above tariff rates for the renewed policy.
(5) Incorporated discounts are applied by adding them all up.
(6) While discriminating the earthquake zones, "Turkey's Earthquake Regions Map" shall be taken as basis. However, for the locations, which do not have an exact match in the aforementioned map due to the modifications made in certain locations, the earthquake zone shall be determined by the Board of Directors of the Turkish Catastrophe Insurance Pool (TCIP) by taking account of studies conducted by public institutions on this subject.
(7) The definitions of the building styles stated in the tariff given above are as follows:
A- Steel, ferro-concrete, framed buildings: shall mean the buildings which have steel or concrete load bearing framework.
B- Masonry Buildings: shall mean buildings, which do not have any framework and whose load bearing walls are built with rubble stone, stone, bricks or concrete briquette with/without holes, whose floor, stairs and ceilings are concrete.
C- Other Buildings: shall mean the buildings, which are not included the above-mentioned groups.
Maximum Coverage Limit
ARTICLE 3 – (1) Within the scope of Compulsory Earthquake Insurance, maximum coverage limit for a dwelling shall be TRY 190,000 notwithstanding its building style.
Determination of Insurance Fee
ARTICLE 4 – (1) When calculating the insurance fee, the amount, which is reached by multiplying the square meter unit cost given below for insured dwelling's building style with the gross surface area of the same dwelling (or approximate surface area) is taken as basis. Insurance fee of each dwelling, which is covered by the Compulsory Earthquake Insurance cannot be more than the maximum assurance amount given in the 3rd article. Square meter unit costs, taken as basis in the insurance fee calculation given below are determined by taking account of the approximate change of building unit costs published by Ministry of Environment and Urbanization.
|Building Style||Square Meter Fee that is taken as Basis for the Insurance Fee Calculation (TL)|
|A-Steel, ferro-concrete, carcass buildings||890|
ARTICLE 5 – (1) On each loss, deductible at the rate of %2 of insured sum is applied. The Turkish Catastrophe Insurance Pool shall be responsible for the remaining amount of the loss exceeding the exemption amount to be calculated by using this formula. In terms of exemption implementation, each 72-hour period shall be deemed as loss.
ARTICLE 6 – (1) The term of the insurance is one year. The expired insurance policy shall be renewed every year by the insured or insurant.
Authorized Insurance Companies and Collection of Premiums
ARTICLE 7 – (1) Compulsory Earthquake Insurance is provided by Turkish Catastrophe Insurance Pool (TCIP) through direct sale practice or by the insurance companies authorized to provide insurance on behalf of TCIP as well as the agents of these companies. The premium amount, which is determined as per this tariff and instruction shall be collected in advance. It is possible to split the premium amount into installments with a credit card or similar other regular payment methods in accordance with the conditions determined by TCIP Board of Directors.
(2) In the event that the Compulsory Earthquake Insurance, which is required to be arranged in connection with the mortgage loan to be provided by the banks, has not been arranged by the person that is using the mortgage loan, then the bank, which will provide the loan, shall arrange the insurance by informing the insured. In the event that renewal will not be made by the insured during the credit period, the bank shall renew the relevant policy by informing the insured.
(3) An issued Compulsory Earthquake Insurance policy cannot be terminated, except for the obligatory cases indicated in Compulsory Earthquake Insurance General Conditions. Limited to the policies whose expiration date is 60 days or less, it is possible to cancel the renewed policies before they come into effect.
ARTICLE 8 – (1) A commission shall be paid at the rate of 12.5% for risks in Istanbul province and 17.5% for risks in other provinces over the premium amount of Compulsory Earthquake Insurance, which are provided by the insurance companies authorized to issue Compulsory Earthquake Insurance contract on behalf of Turkish Catastrophe Insurance Pool and by their agents. Limited to renewing policies, these rates shall be applied as 15% and 20% respectively,
(2) However, the minimum commission to be paid to the authorized insurance company is TRY 10 for each insurance contract and TRY 15 for renewing policies. Out of the paid minimum commission, TRY 3 belongs to the insurance company, TRY 7 belongs to the agent; these amounts are respectively TRY 3 and TRY 12 in renewing policies. In the event that the commission payable to the insurance company exceeds TRY 10, TRY 15 in renewing policies, in the scope of the rates mentioned above, the commission to be given to the agent shall be determined freely between the insurance company and the agent with the condition of not falling below the minimum amount.
(3) In addition to the commission rates given above, incentive commission can be paid or success award can be given to the successful insurance companies and agents within the procedures that will be established by Turkish Catastrophe Insurance Pool Board of Directors.
(4) The commission payable to the other authorized organizations that provide services in direct sales practices, shall be determined by the Board of Directors.
ARTICLE 9 – (1) Individuals and organizations, who are not included in The Turkish Catastrophe Insurance Pool can not provide Compulsory Earthquake Insurance. However, in the event that the value of independent sections or buildings that are covered with Compulsory Earthquake Insurance is higher than the insurance fee, which is calculated as per article 4, a voluntary earthquake insurance can be provided by the insurance companies for the part that exceeds the insurance fee in question on condition that they already have a Compulsory Earthquake Insurance cover.
(2) When issuing policies that include earthquake coverage, a check shall be conducted as to determine whether a Compulsory Earthquake Insurance has been issued, and if not Compulsory Earthquake Insurance shall be provided by the relevant insurance company and the insured shall be informed.
ARTICLE 10 – (1) The Tariff and Instructions of Compulsory Earthquake Insurance, which was published in the Official Gazette dated 31/12/2016 and numbered 29935 – has been abolished.
ARTICLE 11 – (1) This communiqué enters into force on the date of its publication.
ARTICLE 12 – (1)The provisions of this Communiqué shall be executed by the Minister in charge of the Undersecretariat of Treasury
|The Official Gazette in which the Notification published|