In Turkey, earthquake insurance, known as DASK (Doğal Afet Sigortaları Kurumu), is a vital aspect of property ownership and protection. However, the question often arises: Can you obtain DASK for a property without a title deed? This blog explores the legal aspects surrounding the eligibility for DASK coverage in Turkey and provides valuable insights into the types of buildings covered. If you are new to the subject, start with our overview of what DASK (compulsory earthquake insurance) is.
DASK and Unregistered Properties
DASK is mandatory for all residential properties in Turkey, as it provides crucial protection in the event of an earthquake. However, it is important to note that DASK cannot be obtained for unregistered or illegally constructed properties commonly referred to as "kaçak yapı."
Eligible Properties for DASK
To be eligible for DASK coverage, a property must fall into one of the following categories:
- Residential Properties with Title Deeds: Buildings constructed for residential purposes and registered under individual ownership.
- Commercial Units within Buildings: Independent sections within buildings used for commercial or office purposes.
- Buildings with Kat İrtifakı: Properties subject to a "kat irtifakı" agreement (joint property ownership) are also eligible for DASK. (For details, see our article on floor easement and condominium ownership in Türkiye.)
- Cooperative Housing Units with Title Deeds: Housing units owned collectively by a cooperative with title deeds.
- Properties Listed as "Arsa" in the Land Registry: Properties listed in the land registry as "arsa" (land) without a specific building.
Related: Title deed ownership when buying off-plan real-estate in Turkey
Excluded Properties from DASK Coverage
Certain types of properties are not covered by DASK, as determined by the Natural Disaster Insurance Institution. These include:
- Completed Buildings: Properties for which construction has already been completed under prior schemes.
- Residential Buildings without Building Permits: Residential structures built after December 27, 1999, without proper building permits.
- Unregistered Land and Structures: Land without property registration and structures built on such land.
- Commercial and Industrial Buildings: Properties used solely for industrial, commercial, administrative, or educational purposes.
- Areas without Municipal Supervision: Buildings in areas where municipal oversight is absent.
- Structurally Compromised Buildings: Buildings with weakened columns or compromised structural integrity.
- Public Buildings and Spaces: Public buildings and independent public spaces.
- Buildings in Villages: Buildings constructed by residents registered in village populations.
- Uninhabitable and Abandoned Buildings: Buildings with demolition orders, in disrepair, or abandoned.
- Buildings Constructed Outside Approved Projects: Structures built without adherence to approved project plans.
The Importance of a Title Deed for DASK
To be eligible for DASK coverage, a property must have a title deed. This requirement extends to both residential and commercial properties. Therefore, properties without a title deed cannot obtain DASK coverage. It also helps to understand how title deeds and property title transfers work in Turkey before purchasing.
Consequences of Not Having DASK
Failure to obtain mandatory earthquake insurance (DASK) and renew the policy in a timely manner can have significant repercussions. Individuals without active DASK coverage cannot:
- Rent or lease their property
- Engage in property buying or selling transactions
- Establish utility connections for gas, electricity, or water
- Complete property registration processes
- Access credit facilities
It is also worth understanding how DASK compares with broader policies; see our explanation of the differences between DASK and home insurance.
Conclusion
Understanding the legal requirements for DASK coverage in Turkey is essential for property owners and buyers. Title deeds play a critical role in determining eligibility for earthquake insurance. To protect your property and comply with legal obligations, it is crucial to ensure that your property has an active DASK policy.
Secure your property with DASK coverage in Turkey! Discover the legal requirements and eligibility criteria with Bayraktar Attorneys. Don't risk penalties or property transactions without earthquake insurance. Ensure compliance and protection for your property today. Contact us for expert guidance on obtaining DASK without a title deed.
