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DASK may terminate the contract if changes are made to the building contrary to
the legislation

Dr. Aytekin Çelik, Deputy Dean of KTO Karatay University
Faculty of Law, said, “Independent sections within the
scope of the Law No. 634 on Property Ownership, buildings
constructed as residences on immovables registered in the
title deed and subject to private ownership, and independent
sections within these buildings that are used for business,
office, and similar purposes are covered by the compulsory
earthquake insurance. The obligation in question is unrelated
to the conclusion of a one-time contract, but the contract
must be renewed yearly”.

Çelik stated that all immovables are not covered by
compulsory earthquake insurance and said: “Buildings and
independent departments subject to the Public Housing Law
or used as public service buildings, buildings all used for features, regardless of the earthquake, is also not covered by
commercial or industrial purposes, buildings built in and the guarantee.”.
around village built-up areas and hamlets are not covered by
the guarantee. In addition, buildings that were constructed Compulsory earthquake insurance provides
in violation of the relevant legislation and the project, that coverage only up to a certain amount!
were determined to be modified or weakened in a way that
would adversely affect the carrier system, that did not have Çelik stated that a guarantee up to the insurance price
a project and did not receive engineering service, buildings shown in the insurance policy is provided with compulsory
that were decided to be demolished by authorized public earthquake insurance and said, “Even if the damage suffered
institutions, and that is not suitable for residential use, by the earthquake victim is more significant, insurance
neglected, the compulsory earthquake insurance does not compensation can only be paid by DASK up to the insurance
cover dilapidated or abandoned buildings.”.
price specified in the insurance policy. The insurance price
is determined according to the square meter price in the
If there is a change in the building contrary to the Compulsory Earthquake Insurance Tariff and Instruction.
legislation, Dask terminates the contract. The mentioned square meter prices have been increased by
100% on 25.11.2022. Therefore, the maximum amount
Çelik underlined that the condition of the building should (insurance fee) to be paid for earthquakes after this date is
be accurately declared to DASK when making an insurance TL 640,000. Although the change was made on 25.11.2022,
contract since some buildings are excluded from the scope of the new coverage amounts will also be applied to other
compulsory earthquake insurance and stated that otherwise, earthquake insurances made after 01.01.2022. If the value
non-payment of insurance compensation by DASK or a of the insured real estate is more than this amount, it is
reduction in insurance compensation might come to the possible to cover the part related to the excess with non-
fore. DASK may terminate the contract if it is learned that mandatory earthquake insurance. For example, if the house’s
there has been an unlawful change in the building during the value is 1,000,000 TL, optional earthquake insurance can
insurance contract period. be made for the 360,000 TL portion, as DASK will provide
a maximum of 640,000 TL coverage. In case of partial
Stating that the material damages directly caused by the damages caused as a result of an earthquake, DASK only
earthquake and the damages caused by the fire, explosion, or pays a payment of up to the amount of the damage.
landslide caused by the earthquake in the insured buildings
are covered by the compulsory earthquake insurance, Çelik In case of a dispute with Dask, a lawsuit and
said, “Debris removal costs, loss of profit, work stoppage, an application to the insurance arbitration
rental deprivation, alternative residence, and workplace
expenses, financial liabilities and similar indirect damages commission can be filed.
are not included in the scope of the guarantee. In the same
way, damages related to all kinds of movable property, goods, Insurance compensation must be paid by DASK to the
and the like in the immovable property subject to insurance policyholder within one month at the latest from the date
are also not included in the guarantee scope. Compulsory of determining the amount of compensation. In addition,
earthquake insurance relates to material damages caused by it is possible to pay advance payments to the insured after
an earthquake. For this reason, all bodily damages, including the earthquake. Suppose a dispute arises with the DASK on
death, remain outside the scope of the guarantee. In the same paying insurance compensation, etc. In that case, the insured
way, it is not possible to claim moral damages from DASK. person can file a lawsuit with the courts on this issue and
Damage caused over time due to the building’s defects and apply to the Insurance Arbitration Commission. DASK is a
member of the insurance arbitration”.