Recent heavy rainfall in Istanbul has caused flooding in residential and commercial properties, resulting in significant property damage and financial losses.
Beyond the immediate consequences of such disasters, flooding also raises important legal questions regarding insurance coverage, liability and the right to claim compensation.
Under Turkish law, individuals and businesses affected by floods may have several legal remedies available to them, depending on the circumstances surrounding the damage.
Understanding these rights and taking appropriate steps promptly can be essential to protecting potential compensation claims.
1. What Should You Do Immediately After a Flood?
One of the most important steps following a flood is to properly document the damage.
Once personal safety has been secured, affected property owners and occupants should, where reasonably possible, take photographs and videos of damaged premises, furniture, electrical systems, equipment and surrounding areas.
Preparing a detailed inventory of damaged belongings and retaining relevant invoices, receipts and repair records may also be useful.
Damaged items should ideally be preserved until the necessary inspections have been carried out. Where immediate disposal is required for health or safety reasons, photographic evidence and, where possible, written records should be maintained.
Proper documentation may play a significant role in subsequent insurance claims and legal proceedings.
2. Can Flood Damage Be Covered by Insurance?
Whether flood-related losses are covered by insurance depends primarily on the terms and conditions of the relevant insurance policy.
Homeowners’ insurance, commercial property insurance and certain business insurance policies may provide coverage for flooding and water damage.
However, flood damage is not automatically covered by every insurance policy.
Policyholders should carefully review the scope of their coverage, applicable exclusions, compensation limits and deductibles.
Where the damage may fall within the policy’s coverage, the insurer should be notified without unnecessary delay and a formal damage assessment should be requested.
For properties located within apartment buildings or residential complexes, insurance policies covering common areas or the building itself may also be relevant.
It is important to distinguish private property insurance from Türkiye’s Compulsory Earthquake Insurance, commonly known as DASK. Compulsory Earthquake Insurance does not generally cover flooding unrelated to an earthquake.
3. Can Municipalities or Public Authorities Be Held Liable for Flood Damage?
The fact that flooding results from heavy rainfall does not necessarily mean that public authorities are exempt from liability.
Under Turkish administrative law, public authorities may be held responsible for damage resulting from deficiencies in the provision or operation of public services, subject to the applicable legal requirements.
Potential examples include:
- Inadequate stormwater drainage infrastructure;
- Failure to maintain drainage channels and street drains;
- Insufficient precautions during public infrastructure works;
- Negligent maintenance of water management systems;
- Failure to take legally required measures concerning flood-prone areas.
If a failure in public service contributed to the occurrence or severity of the damage, the relevant municipality, water and sewerage authority or other responsible public institution may potentially face a compensation claim.
However, the occurrence of flooding alone does not automatically establish liability.
The circumstances of the event, the nature of the alleged administrative failure and the causal relationship between that failure and the resulting damage must be assessed.
4. Liability of Neighbouring Property Owners and Construction Companies
Flood damage may sometimes be caused or aggravated by activities carried out on neighbouring properties or construction sites.
For example, unauthorised structures may obstruct natural water flow, construction materials may block drainage systems, or alterations to neighbouring land may redirect floodwater towards nearby buildings.
Depending on the circumstances, liability may arise on the part of property owners, building owners, contractors or other responsible parties.
Such claims require an assessment of the applicable legal grounds for liability, the extent of the damage and the causal connection between the relevant conduct and the loss suffered.
5. Can You Request a Court-Ordered Preservation of Evidence?
Under Article 400 and the following provisions of the Turkish Code of Civil Procedure (Law No. 6100), parties may request the preservation of evidence (delil tespiti) where the relevant legal conditions are satisfied.
This procedure may be particularly important following a flood because the physical condition of damaged property can change rapidly once cleaning, restoration or repair work begins.
Through a court-ordered evidence preservation procedure, it may be possible to obtain an on-site inspection and an expert assessment of the damage.
An expert report may assist in establishing the nature, extent and possible causes of the losses.
However, the preservation of evidence does not, by itself, establish legal liability or guarantee compensation. These matters must be determined separately.
6. What Rights Do Businesses Have Following Flood Damage?
Flooding can have serious consequences for businesses, including damage to commercial inventory, machinery, equipment and operational facilities.
In addition to direct property damage, businesses may face interruptions to their operations, delays in fulfilling contractual obligations and financial losses.
Affected businesses should document damaged goods and equipment and preserve relevant commercial records, including invoices, delivery notes, inventory records and accounting documents.
Depending on the circumstances, claims relating to business interruption or loss of profits may also be considered.
Flood-related disruptions may additionally raise questions concerning force majeure under Turkish law.
Nevertheless, a flood does not automatically release a party from every contractual obligation.
Whether force majeure or other legal provisions apply depends on the contractual terms, the nature of the obligations and the extent to which the event has affected contractual performance.
Businesses should therefore review their contracts, preserve evidence of the disruption and notify relevant contractual parties where appropriate.
7. Is Government Financial Assistance Available After a Flood?
Individuals and businesses affected by natural disasters may be eligible for certain public assistance programmes, depending on the measures introduced by the relevant authorities.
In Türkiye, disaster-related assistance may be coordinated through institutions including the Disaster and Emergency Management Presidency (AFAD), governorates, district governorates and Social Assistance and Solidarity Foundations.
However, the occurrence of a natural disaster does not automatically entitle every affected individual or business to full reimbursement of their losses by the government.
Eligibility criteria, application procedures and deadlines depend on the relevant assistance programme and applicable regulations.
Affected individuals should therefore follow official announcements and submit any required applications within the applicable deadlines.
8. Can You File a Compensation Claim for Flood Damage in Türkiye?
Under Turkish law, individuals and businesses that suffer flood-related losses may be entitled to pursue compensation, depending on the cause of the damage and the parties responsible.
Potential claims may arise against private individuals, property owners, contractors, insurance companies or public authorities.
The appropriate legal procedure depends on the nature of the claim.
Where the alleged damage arises from an administrative act or action, specific procedural requirements may apply under the Administrative Judicial Procedure Law (Law No. 2577).
In particular, Article 13 provides rules concerning applications to the relevant administrative authority before bringing certain compensation actions arising from administrative actions.
Applicable limitation periods, procedural requirements and the competent court must be considered carefully.
For this reason, obtaining a timely legal assessment can be important in determining the appropriate course of action and avoiding the loss of legal rights.
Conclusion
Flooding can result in substantial financial losses for homeowners, tenants and businesses. However, depending on the circumstances, Turkish law provides various mechanisms through which affected parties may seek protection of their rights and compensation for their losses.
Documenting the damage, reviewing insurance policies, preserving evidence and identifying potentially responsible parties are important steps in evaluating a possible legal claim.
Malabega Law extends its sincere sympathies to everyone affected by the recent flooding in Istanbul and offers its condolences to those who have lost loved ones.
This article is provided for general informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on its specific circumstances and the applicable provisions of Turkish law.
