Dask Policies for the New Period are Being Zeroed Out at the Land Registry
Official titleGeneral Conditions Regarding the Amendment of the Mandatory Earthquake Insurance General Conditions
Through the amendment made to the Mandatory Earthquake Insurance General Conditions, the principles governing the termination of the insurance contract and the return of premiums when the insured property changes hands through a sale or a similar transaction have been clarified. For changes involving other interested parties, it has been stipulated that the contract shall continue and the notification obligations shall be determined.
Before
In Mandatory Earthquake Insurance, the conditions for the continuation or termination of the contract and the procedures for the return of premiums in the event of a change of interested party could be ambiguous or subject to differing implementations. Land registry directorates did not have an obligation to verify the new insurance.
After
In Mandatory Earthquake Insurance, where the interested party changes through a sale or an equivalent transaction, the contract terminates as of the title registration date, and unused premiums are returned. Land registry directorates are required to verify the new insurance. In changes of interested party other than these, the contract continues with the new interested party; the subsequent interested party shall notify the insurance company of the situation within fifteen days from the date on which they learn of the contract’s existence, and the company shall issue an endorsement within 24 hours.
Details of the Regulation
This communiqué, published by the Insurance and Private Pension Regulation and Supervision Institution, amends Article C.4 of the Mandatory Earthquake Insurance General Conditions published in the Official Gazette dated 13/5/2011 and numbered 27933. Through the amendment, cases in which the interested party changes have been divided into two main categories. The first category consists of cases in which the insured property changes hands through a sale or an equivalent transaction. In such cases, the insurance contract shall automatically terminate as of the registration date in the land registry. Upon the application of the policyholder or the previous interested party, premiums paid for unused days shall be returned to the policyholder. Furthermore, land registry directorates or authorized administrations have been required to check, during a change of interested party, whether the subsequent interested party has a Mandatory Earthquake Insurance contract.
Questions You Might Have
- When will my DASK policy automatically lose validity when I sell my home?
- When you sell your home, your DASK policy will automatically terminate as of the registration date in the land registry.
- When I buy a new home, will the previous owner’s DASK policy also be valid for me?
- No. Under the new regulation, the previous owner’s DASK policy will terminate upon registration of the sale in the land registry. As the new homeowner, you must obtain new Mandatory Earthquake Insurance in your own name.
- Will the premiums I paid for the remaining period of my policy be returned to me?
- Yes. Upon the application of the policyholder or the previous interested party, premiums paid for the unused days of the policy will be returned to the policyholder.
Key Terms
- Menfaat Sahibi
- A person or entity having an insurable interest (stake) in the insured property or value. In Mandatory Earthquake Insurance, the owner of the real property is generally the interested party.
- Zeyilname
- A document issued in addition to a policy that shows the amendments, additions, or deletions made to the policy. It updates the terms of the policy.
- Tapudaki Tescil Tarihi
- The date on which the ownership of the real property officially changes hands and is recorded in the Land Registry.
Affected Sectors
- Insurance
- Real estate
- Land registry and cadastre
- Real estate investors
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REGAS Commentary
This communiqué aims to eliminate the ambiguities experienced in Mandatory Earthquake Insurance in cases such as the purchase and sale of real property and to simplify procedures for both policyholders and insurance companies. Henceforth, when a residence is sold, the existing DASK policy shall automatically terminate, and the buyers shall be required to obtain a new policy in their own names. As this entails an additional control step in title transfer procedures, citizens and land registry administrations will need to exercise due care in real estate purchase and sale transactions. It is critically important for new property owners to notify the insurance company of the changes within 15 days from the date on which they learn that the policy exists, so that insurance coverage continues without interruption.