— Real Estate Law
Article C.4 of the Compulsory Earthquake Insurance General Conditions, which governs a change of the insured interest, has been rewritten. On a sale or equivalent transaction the policy now ends on the date of registration at the land registry, the seller is refunded the premium for the unexpired days, and the land registry checks whether the buyer holds a policy.
The Insurance and Private Pension Regulation and Supervision Authority published the General Conditions amending the Compulsory Earthquake Insurance General Conditions in the Official Gazette of 21 August 2026, issue 33347. The amendment entered into force fifteen days after publication, on 5 September 2026.
It changes a single article, but that article affects every residential sale completed in Antalya. It changes the preparation required before the land registry appointment for buyers, sellers and estate agents alike. The office's work in this field is set out on our Antalya real estate and lease lawyer page.
What follows deals first with the statutory framework of compulsory earthquake insurance, then with the rules the new article C.4 introduces for sales and for transfers other than sales.
The provision can be consulted in the text as published in the Official Gazette.
Compulsory earthquake insurance is governed by Disaster Insurance Law no. 6305. Under article 10, four groups are subject to it: independent units within the Condominium Law, buildings constructed as dwellings on registered privately owned land, independent units within such buildings used as shops, offices and the like, and dwellings built by the State or with State credit because of natural disasters.
The Law excludes certain buildings: public housing and public service buildings, buildings in village settlement areas built by persons registered in and permanently residing in the village, and buildings used entirely for non-residential purposes even where they fall within the Condominium Law.
The insurance is taken out by owners or usufructuaries and renewed every year. The maximum sum insured and the tariff are set annually and published in the Official Gazette.
The practical force of compulsory earthquake insurance comes from the control mechanism in article 11 of the Law.
Under paragraph two, land registries may not carry out registration transactions requested by owners or usufructuaries concerning buildings and independent units subject to the insurance unless it is documented that the insurance has been taken out and is valid on the date of the transaction.
Paragraph three provides that the existence of compulsory earthquake insurance is also checked on water and electricity connections. That is why the policy is asked for when opening utility accounts in a newly occupied home.
The new article C.4 gives concrete effect to that mechanism for sales.
The first sentence of the amended article C.4 sets the basic rule. Where, during the policy period, the insured interest in the property changes because of a sale or an equivalent transaction, the contract ends as of the date of registration at the land registry.
The seller's policy therefore does not pass to the buyer. The moment ownership passes to the buyer at the land registry, the seller's policy ends.
The purpose is to keep insurance and ownership in the same hands, preventing a policy issued to the former owner from being treated as if it continued for the new owner.
The buyer must therefore take out a new compulsory earthquake insurance policy in their own name for the property purchased.
The financial consequence of the contract ending early is also dealt with.
On application by the policyholder or the former holder of the insured interest, premiums paid for the unexpired days are refunded to the policyholder.
The refund is not automatic; an application is required. Either the policyholder or the former holder of the interest may apply, but the refund is made to the policyholder.
If the policy was taken out by someone other than the owner, such as a tenant or a family member, the refund goes to that person, so it is sensible to check before the sale in whose name the policy was issued.
The third sentence imposes an obligation that bears directly on the registry transaction.
Land registries, or authorities competent to carry out the transaction, check whether the new holder of the insured interest has a compulsory earthquake insurance contract.
Read together with the registration rule in article 11 of the Law, a valid policy in the buyer's name needs to be available at the registry. In practice, issuing the policy before the registry appointment removes the risk of the transaction being postponed.
To issue a policy, the block, parcel and independent unit details must be correct. A mismatch between the land register and the policy can also cause problems on the day.
The final part of the article sets a separate rule for changes of interest other than sales and equivalent transactions.
In those cases the contract does not end; it continues with the new holder of the interest. The new holder must notify the insurer that arranged the contract of the change within fifteen days of learning that the contract exists.
The insurer or its agent must, within 24 hours of receiving the notice, issue to the new holder a policy containing an endorsement recording the change of interest.
The General Conditions do not list the transactions equivalent to a sale. For transfers that are not sales, such as passing by inheritance, the wording points to the contract continuing. The article empowers the Authority to set the implementing procedures, so obtaining written confirmation from the insurer in borderline cases is advisable.
Assessing a property purchase from the earthquake insurance perspective is not only a matter of whether a policy exists.
Under article 12 of Law no. 6305, the owner or usufructuary must take the necessary measures against alterations to the building or any independent unit contrary to the approved project that adversely affect the load-bearing system.
If the damage is found to result from such an alteration, the owner loses the right to compensation under the insurance.
Article 10 of the Law also empowers the insurer not to insure buildings constructed contrary to legislation and the approved project, or buildings found to have been altered so as to weaken the load-bearing system. Establishing before purchase whether any alteration has touched columns or shear walls is therefore important.
For buyers: take out compulsory earthquake insurance in your own name before the land registry appointment and compare the block, parcel and unit details on the policy with the register.
For sellers: after registration, apply to the insurer for the premium for unexpired days; if the policy was taken out in someone else's name, bear in mind the refund will go to that person.
For heirs: on a transfer by inheritance, notify the insurer within fifteen days of learning that the policy exists.
For both parties: including in the sale contract a statement that no alteration contrary to the project has been made reduces later disputes. For the general route followed in transactions in Konyaaltı and the surrounding area, see the Konyaaltı lawyer page.
The questions below concern this provision; more general questions are answered on the frequently asked questions page.
No. Under the new article C.4, on a sale or equivalent transaction the policy ends as of the date of registration at the land registry. The buyer needs a policy in their own name.
Yes. On application by the policyholder or the former holder of the interest, premiums paid for the unexpired days are refunded to the policyholder.
Yes. Land registries or competent authorities check whether the new holder of the interest has a compulsory earthquake insurance contract.
For changes other than sales and equivalent transactions, the contract continues with the new holder, who must notify the insurer within fifteen days of learning that the contract exists.
The General Conditions were published in the Official Gazette of 21 August 2026, issue 33347, and entered into force fifteen days later, on 5 September 2026.
Under article 10 of Law no. 6305, buildings used entirely for non-residential purposes are not subject to compulsory earthquake insurance, even where they fall within the Condominium Law.
If the damage is found to result from an alteration contrary to the project that adversely affects the load-bearing system, article 12 of the Law provides that the owner loses the right to compensation.
The only concrete step the new rule places on the buyer is to have a valid policy in their own name before registration; for the seller, it is to apply for the premium for the unexpired days. The effect of alterations on the load-bearing system of the property being bought is a matter to examine not only for insurance but for the sale contract itself.
The office's fields of work are set out on the practice areas page. For an assessment specific to your file, you may reach the office through the contact page.