

How can foreign property owners recover earthquake losses exceeding compulsory insurance in Turkey? Learn about additional private insurance, underpaid claims, contents, lost rent, construction defects and claims against responsible parties.
Foreign property owners in Turkey may suffer earthquake losses that substantially exceed the compensation available under compulsory earthquake insurance.
Receiving the compulsory insurance payment does not necessarily mean that every other compensation possibility has ended.
The correct strategy is to divide the total earthquake loss into separate categories and determine which person or insurance policy may be responsible for each category.
Compulsory earthquake insurance principally covers direct material damage caused to the insured building by an earthquake and specified earthquake-related events, within the applicable insurance limit. It does not cover numerous consequential losses, including lost rent, alternative accommodation, business interruption, movable contents, bodily injury or moral damages.
Accordingly, additional recovery may potentially come from:
Do not begin with the amount paid under compulsory insurance.
Begin with the actual loss.
Prepare separate calculations for:
Then determine which category may be recoverable from which source.
Compulsory earthquake insurance covers direct material damage caused by earthquakes and earthquake-related fire, explosion, tsunami and landslide to qualifying insured buildings, within the applicable policy limits.
It covers qualifying structural components such as:
It can respond to both partial and total building damage.
Foreign owners should distinguish three concepts:
Market value of the property
Actual reconstruction or repair loss
Compulsory earthquake insurance amount
They are not necessarily identical.
The compulsory insurance amount is calculated under the applicable tariff methodology using the relevant square-meter amount and the property’s gross or approximate gross area, subject to the applicable maximum insurance amount.
Therefore, owning an apartment worth TRY 20 million does not automatically mean compulsory earthquake insurance provides TRY 20 million of coverage.
This is one of the first possibilities foreign owners should investigate.
Current official guidance expressly states that where the value of the building exceeds the protection provided by compulsory earthquake insurance, insurance companies may provide additional coverage for the remaining portion through voluntary property insurance, provided the required compulsory insurance is in place.
Therefore, locate every private policy issued for the property.
A private home insurance policy may contain broader protection than compulsory earthquake insurance.
Depending on its wording, it may potentially provide coverage for:
Coverage must be verified from the actual policy rather than assumed.
Do not assume that a general home policy automatically covers every earthquake loss.
Review:
The private insurer’s responsibility is determined by the policy actually purchased.
Compulsory earthquake insurance expressly excludes movable property and contents.
This may include:
A private contents or home insurance policy should therefore be examined.
Instead of writing:
“Furniture loss: TRY 500,000”
prepare:
Item → purchase date → original price → approximate current value → damage → supporting photograph or invoice
Photographs, purchase records, invoices and credit-card records may help establish the loss.
This can be particularly significant for foreign real estate investors.
Compulsory earthquake insurance expressly excludes rental deprivation.
For example:
Monthly rent: TRY 80,000
Property unusable: 12 months
Potential rental loss: TRY 960,000
This amount does not automatically become payable under compulsory insurance.
However, a private insurance policy may contain relevant rental-loss protection.
Useful evidence may include:
Actual historical rent is generally more persuasive than a speculative estimate of what the property could have earned.
Compulsory earthquake insurance excludes alternative accommodation and workplace expenses.
Foreign owners who had to relocate should therefore preserve:
Then check whether another insurance policy responds to those costs.
Debris removal expenses are also excluded from compulsory earthquake insurance.
These expenses can become substantial after serious structural damage.
Any additional private policy should be examined to determine whether such costs are separately insured.
A foreign-owned business may suffer losses far exceeding the physical damage to the building.
For example:
Factory repair: TRY 20 million
Business interruption: TRY 35 million
Compulsory earthquake insurance expressly excludes business interruption and loss of profit.
Commercial policies should therefore be reviewed for separate business interruption protection.
Buildings used entirely for commercial or industrial purposes fall outside the compulsory earthquake insurance scheme.
Foreign investors owning:
should focus particularly on their private property insurance arrangements.
The compulsory system can cover independent units used as shops, offices or similar purposes where they are located within qualifying buildings constructed as residences.
The nature of the entire building therefore matters.
Suppose:
Qualifying earthquake damage: TRY 4 million
Available compulsory coverage: sufficient for that amount
Compensation assessment: TRY 2.3 million
The remaining TRY 1.7 million should not automatically be treated as uninsured.
There may instead be a dispute concerning the damage assessment.
Request and review:
Identify exactly why the claimed amount and assessed amount differ.
The compulsory earthquake insurance general conditions provide for a deductible equal to 2% of the insurance amount for each qualifying loss. Events occurring within each 72-hour period are treated as one loss for this purpose.
A legitimate deductible should therefore be distinguished from an incorrect reduction.
If structural damage has been underestimated, consider an independent technical assessment.
The report may address:
Technical evidence is particularly important where causation is disputed.
Compulsory earthquake insurance excludes deterioration that developed over time because of the building’s own defects rather than a specific earthquake event.
The owner should therefore preserve evidence showing:
Condition before earthquake → earthquake → condition afterward
Useful evidence may include previous photographs, inspection reports and renovation records.
A building might have had minor defects before the earthquake while suffering substantial additional earthquake damage afterward.
A technical expert may need to distinguish:
This distinction can materially affect compensation.
Suppose the earthquake damage was significantly increased because the building was defectively constructed.
Potentially responsible persons may need to be investigated separately from the insurer.
Depending on the circumstances, this can involve:
Insurance compensation and third-party liability are separate legal questions.
Obtain available:
These records may become important where the building performed substantially worse than expected during the earthquake.
Before major demolition or reconstruction, preserve evidence where safely possible.
This may include:
Once the building is demolished, important physical evidence may disappear permanently.
Investigate:
This issue can also affect compulsory insurance coverage because the official framework excludes certain buildings whose load-bearing systems were adversely altered or weakened.
A foreign buyer may have purchased the apartment years after an unlawful structural modification.
Possible actors could include:
Do not assume responsibility before reconstructing the building’s history.
Suppose another owner removed structural components during renovation and this materially increased earthquake damage.
That circumstance may require a separate liability analysis.
Evidence concerning:
should be preserved.
Foreign apartment owners should investigate damage to:
These structural and complementary components are expressly within the compulsory insurance framework where the applicable conditions are met.
Do not assess the loss solely from the interior of the apartment.
Request available:
An individual apartment claim should be evaluated in the context of the entire building.
This does not automatically eliminate every additional claim.
The foreign owner should investigate:
Was there additional private insurance?
Are there uninsured contents?
Was rental income lost?
Are there responsible third parties?
Did defective construction increase the damage?
The compulsory policy limit and total legal loss are not necessarily the same.
The owner should still investigate whether:
But an insurance policy cannot ordinarily be created retrospectively after the earthquake.
Additional compensation does not mean receiving the same financial loss twice.
For example, if one insurer has fully compensated a particular repair item, that exact loss cannot simply be claimed again as though no payment occurred.
Create a recovery table showing:
Loss → responsible source → amount claimed → amount paid → remaining loss
A useful claim matrix may look like this:
| Loss | Potential Recovery Source |
|---|---|
| Covered structural earthquake damage | Compulsory insurance |
| Building loss above compulsory coverage | Additional private insurance |
| Furniture and contents | Private home/contents insurance |
| Lost rent | Private policy if covered / possible separate liability claim |
| Temporary accommodation | Private policy if covered / possible separate claim |
| Defective construction loss | Potential responsible parties |
| Business interruption | Commercial business interruption insurance |
This prevents unrelated claims from becoming mixed together.
Before accepting a final settlement from any insurer, determine whether the document contains:
Do not assume that a payment document affects only the amount currently being discussed.
If the owner believes the compulsory insurance calculation itself is incorrect, that dispute should be preserved separately.
Additional private insurance should not be used as a substitute for challenging an incorrect compulsory insurance assessment.
This can happen where compulsory and private coverage overlap.
The owner should identify:
Written positions from both insurers should be preserved.
A private insurer may attempt to classify part of the loss as falling within the compulsory layer.
Conversely, the compulsory scheme may legitimately exclude categories covered by the private policy.
The policy wording should determine the result rather than informal explanations.
Create separate schedules for:
Repair and reconstruction.
Furniture and personal property.
Temporary housing.
Income lost while the property cannot be used.
Business interruption and additional operating expenses.
This makes both insurance and liability claims substantially clearer.
Residence outside Turkey does not itself prevent a property owner from organizing an insurance or liability claim concerning Turkish property.
However, practical arrangements may be necessary for:
A complete electronic claim file should be maintained.
A sale before the claim is fully investigated may complicate:
Before selling, determine how the transaction could affect outstanding rights.
Rebuilding may be urgent, but preserve evidence first wherever safely possible.
At minimum:
This can be essential in later litigation.
Additional compensation claims are substantially easier to prove when the owner has documentary evidence.
Keep invoices for:
Useful evidence can include:
Before earthquake
After earthquake
This is particularly useful where the cause or extent of damage is disputed.
The owner should know:
Total loss
minus
compulsory insurance payment
minus
private insurance payment
equals
remaining uncompensated loss
Then identify whether a legal basis exists for recovering that remaining amount from another responsible person.
Official guidance confirms that where the property’s value exceeds compulsory earthquake coverage, additional voluntary insurance can be arranged for the remaining portion.
Foreign owners should therefore consider a layered insurance structure for the future:
Compulsory earthquake insurance + additional earthquake coverage + contents insurance + rental-loss or business interruption protection
depending on the property.
Foreign property owners facing a substantial earthquake loss should:
Potentially, yes. Additional recovery may be available through private insurance, an underpayment challenge or separate claims against responsible parties, depending on the circumstances.
Potentially, yes. Official guidance expressly recognizes additional voluntary coverage for the portion of building value exceeding compulsory earthquake protection.
Compulsory earthquake insurance does not cover movable property. A private home or contents policy should therefore be reviewed.
No. Rental deprivation is expressly excluded from compulsory earthquake insurance. Other insurance or legal recovery possibilities must be examined separately.
Not by compulsory earthquake insurance. A private policy should be checked for additional protection.
Potentially, where a legal basis for liability, causation and compensable loss can be established. Such claims are separate from the compulsory insurance claim.
The owner should obtain the detailed assessment and consider independent technical evidence. An incorrect assessment should be treated as an underpayment dispute rather than automatically as an uninsured loss.
Compulsory earthquake insurance excludes business interruption and loss of profit. A commercial business interruption policy or other legally available recovery route should be investigated.
No. Different insurance and liability claims should be coordinated to avoid duplicate recovery of the same loss.
Do not treat the difference between the total earthquake loss and the compulsory insurance payment as one single claim. Separate every loss and identify the correct insurer or potentially responsible party for each category.
Compulsory earthquake insurance should often be viewed as one layer of earthquake-loss protection rather than a guarantee that every economic consequence of the disaster will be compensated.
Official compulsory insurance rules exclude important categories such as movable contents, rental deprivation, alternative accommodation, business interruption and other indirect losses.
At the same time, official guidance confirms that additional voluntary property insurance can cover the portion of building value exceeding compulsory earthquake coverage.
Where defective construction or another person’s conduct contributed to the damage, potential liability claims should also be investigated independently.
A comprehensive recovery strategy may therefore combine compulsory earthquake insurance, additional private insurance, an underpayment challenge, technical engineering evidence, construction-defect claims and other legally available compensation remedies.
Fırat Fesih Kaya Law Office assists foreign homeowners, international investors and foreign property owners with earthquake insurance claims, additional compensation claims, underpaid insurance disputes, construction-defect losses and property-damage proceedings in Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in identifying every potential source of recovery, coordinating compulsory and private insurance claims, preserving technical evidence and evaluating claims against responsible parties.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey
This article is intended for general information and does not constitute legal advice. Additional recovery depends on the applicable insurance policies, type and cause of damage, previous compensation, technical evidence, responsible parties and the specific circumstances of each property.