Lawyer in Turkey

Wednesday, January 17, 2018

Legally change you Name in Turkey

There are a lot of reasons as to why a foreigner in Turkey might want to change their name.
Since the existing of humanity it is essential that a person is addressed with a name. Also a legal name has to be used to make the distinction between persons and families.

A first and last name is a legal and also unique to identity of a person within the society.
When a person does not agree with his / her name, this person has the right to change his / her name in court.
Examples of reasons are: difficulty in pronouncing, ridiculous, asking questions, creates annoyance, unethical, leads to confusion, meaningless, gender reassignment, bad reputation of the family, forbidden name, and so on.
This article as such does not concern the above-mentioned ponderous reasons, but rather situations in which foreigners, desired or undesirable, have become involved during the acquisition of the Turkish Nationality (the Turkish Kimlik).

It is that Turkey has had a strange policy in granting Turkish citizenship to foreigners and provided foreigners a Turkish name when they were granted Turkish citizenship.
Foreigners often got a new Turkish name next to their own name or even instead of their own name. The explanation was that a Turkish citizen could not have a foreign name or foreign character characters in their own name.
The unsuspecting foreigner did not have any knowledge of the legal consequences that this could have on his life.
Technically, a second personality was created next to the identity that the foreigner already had.
In my opinion a violation of the personality rights.

A practical example:
Mrs. Sarah Koster has got a Turkish surname after her marriage with a Turkish citizen.
She is registered as Sarah Selma Bal. However, her name is simply Sarah Koster on her foreign passport. After 20 years of marriage she ends up in a divorce and gets her maiden name Koster back.

After the divorce procedure the added Turkish name 'Selma' is not included in the court decision.
Mrs. Sarah Koster has to start a separate name change procedure.  Another option is to keep the name Selma. Usually a legal procedure has to be started in your own country, to register the name Selma next to your own name.

Recently changes of the Turkish Name Act, has caused that this policy is no longer applied. But the legal situation for those who have received a Turkish name remains unchanged.
If desired, a short court procedure to Civil Affairs, is needed to change your name. The final decision will be published in several local newspapers in order to register it in the Civil Registry.

Thursday, April 20, 2017

Energy label for the housing market in Turkey

Comparable to European countries from May 2nd 2017 the energy label for buildings will be mandatory in Turkey as well. The energy label is a measure of the energy  performance of the real estate. An energy-related product means any good which has an impact on energy consumption during use.  The intention of enforcing the Law of Energy label incorporation is to improve the energy saving quality of the housing market as well as  to encourage competition between and ensure a level playing field for construction companies. It will allow consumers to make informed purchasing decisions like the monthly energy costs and the technical quality of living. The environmental benefits here, speaks for itself.

The obligation according to this energy label is implemented in the Energy performance law number 5627 released in 2007. An energy label should enlist details of the energy performance of a building such as energy and insulation properties, energy consumption for heating the house, the efficiency of the heating / cooling system, the level of energy waste and emissions of greenhouse gases.  It is based on standard occupant behaviour and standard climatic conditions.

The energy performance is divided into classifications that are indicated by the letters A to G. Real estates classified with an A label already have taken already many energy saving measures. Real estates classified with a G label still have to take a lot of energy saving measures.

Pursuant to the above Act buildings with planning permission obtained before 01.01.2011 are considered as existing buildings and the buildings where the building permit after 01.01.2011 is obtained as new buildings.

New construction should at least be built to the standards of energy label with class C. Regarding existing buildings, there is no minimum energy class determined by law. An existing building will be divided among the classes A t / m G to be determined on the basis of the type of energy performance of the building.

What does this law mean for the building where you have a home?
Pursuant to this Act, both new and existing buildings, should hold an energy label before 05/02/2017.

What are the consequences of not having an energy label?
A new building that does not meet the energy measures extended to category C will not be eligible for a municipal housing license (Iskan). Existing buildings that do not possess an energy label may expect 20.000TL criminal penalties. Before a building is actually fined the board of the home owners association will be urged to complete the lack of an energy label within 30 days.

How can you obtain the Energy Label? Who is responsible for monitoring them? 
Under government supervision, are certain engineering firms assigned responsibility for issuing an energy label. An energy label is valid from date of issue for 10 years. The companies responsible with issuing an energy can be found at the Ministry of Energy website.( Http://

Friday, February 24, 2017

VAT Tax benefit on Property Acquisition

Turkey is in a investment turbulence. Turkey is still an attractive country for investors.

Turkey offers a number of interesting options for those wishing to relocate their business or personal affairs to a safe, warm and friendly country. The Turkish government strives to add to Turkey’s natural and innate attractiveness by creating programs and incentives designed for high net worth individuals and businesses.

Today we see two important developments which could be very attractieve for foregin investors.

  • The Housing prices drop up to 30-50%  in value.  
  • The legislation for VAT is adapted and foreign investors can buy real estates in Turkey, without VAT.

Is Turkey safe for Tourists, is of course a question that some of you are asking. Due to our previous experiences; the rural beauty and attractive living environment of Turkey, you might as well know that it is not such a bad idea to invest well right now.

Prices in the housing market drop up considerably. New buildings are waiting for new owners. The Euro currency is quite high in value.

The expected investment return, is at least 30% within 3 years. With 16 years experience, we can only emphasize that the current market conditions and outlook losing only has to win the investor nothing.