Sale | Property | Olsztyn | Auction (Olsztyn, Seweryna Pieniężnego)
ANNOUNCEMENT OF THE SALE OF PROPERTY BY AUCTION
Poczta Polska S.A. and Orange Polska S.A., as joint holders of perpetual usufruct rights, invite interested parties to participate in an auction for the sale of the perpetual usufruct right to the property located in Olsztyn at 1 and 1a 22 Stycznia Street and 19 Seweryna Pieniężnego Street.
The auction will be conducted in accordance with the Rules of Procedures for the Sale of Real Estate of Poczta Polska S.A. and Orange Polska S.A. (“Rules”), adopted by Resolution No. 87/2025 of the Management Board of Poczta Polska S.A. dated 10 June 2025, which the joint holders of perpetual usufruct rights apply in their mutual relations to joint auctions. The Rules are available at nieruchomosci.poczta-polska.pl and nieruchomosci.orange.pl, as well as at the registered office of the Organiser of the Procedure. The Bidder is required to provide written acceptance of the Rules.
Seller: POCZTA POLSKA S.A., with its registered office in Warsaw (00-940 Warsaw, 8 Rodziny Hiszpańskich Street), hereinafter also referred to as PP, and ORANGE POLSKA S.A., with its registered office in Warsaw (02-326 Warsaw, 160 Jerozolimskie Avenue), hereinafter also referred to as OPL, as joint holders of perpetual usufruct rights to the Subject of Sale.
Organiser of the auction: Poczta Polska S.A., with its registered office in Warsaw, 00-940 Warsaw, 8 Rodziny Hiszpańskich Street (“Organiser of the Procedure”), with the participation of Orange Polska S.A., with its registered office in Warsaw (02-326 Warsaw, 160 Jerozolimskie Avenue), as a joint holder of perpetual usufruct rights to the Subject of Sale.
Subject of Sale: the perpetual usufruct right to the land property designated as cadastral plots No. 19/1 and 19/2, with a total area of 0.1392 ha, together with the structures situated thereon, constituting a separate subject of co-ownership from the land, including in particular the following buildings: an office building with a building footprint of 246 m², an office building with a building footprint of 439 m², a transport and communications building with a building footprint of 36 m², and a residential building with a building footprint of 163 m², located in Olsztyn at 1 and 1a 22 Stycznia Street and 19 Seweryna Pieniężnego Street, covered by Land and Mortgage Register No. OL1O/00014990/0 maintained by the District Court in Olsztyn, 6th Land and Mortgage Register Division.
Both joint holders of perpetual usufruct rights will participate in the transaction, and each will transfer its respective share in the right to the Buyer.
Property information:
Address: Olsztyn, 1 and 1a 22 Stycznia Street, 19 Seweryna Pieniężnego Street.
Pursuant to the Local Zoning Plan for the “CENTRUM” area of the City of Olsztyn, adopted by Resolution No. XIII/212/03 of the Olsztyn City Council dated 27 August 2003, plots No. 19/1 and 19/2 are located within an area designated as “UC6” – service development areas. Under the provisions of the above-mentioned plan concerning development, “areas designated for investment may only be developed in accordance with their intended final use, without any transitional use, and existing structures designated for demolition may not be extended or used for another function” and “within the area covered by the plan, it is prohibited to locate small service facilities (booths, kiosks, small pavilions, etc.), except for facilities related to public transport services”.
No decision on the location of a public-purpose investment has been issued for the plots concerned.
The Property is located within a revitalisation area referred to in Article 10 of the Act of 9 October 2015 on Revitalisation.
Resolution No. XLVII/759/22 of the Olsztyn City Council dated 25 May 2022 on the designation of a degraded area and revitalisation area of the City of Olsztyn did not establish a pre-emption right in favour of the municipality.
Two of the four buildings situated on the Property, located on plot No. 19/1, are entered in the register of immovable monuments of the Warmińsko-Mazurskie Voivodeship:
building at 19 Pieniężnego Street – decision dated 14 February 1989, with a relevant entry recorded in Section III of the Land and Mortgage Register,
building at 1 22 Stycznia Street – decision dated 15 September 1993.
Plots No. 19/1 and 19/2, precinct 70 of the City of Olsztyn, are not covered by a simplified forest management plan and are not subject to a decision referred to in Article 19(3) of the Act of 28 September 1991 on Forests.
The sale of the share held by Poczta Polska S.A. is subject to a pre-emption right of the National Property Stock pursuant to Article 30a of the Act of 20 July 2017 on the National Property Stock (consolidated text: Journal of Laws of 2024, items 1026 and 1089, as amended); conclusion of the transfer agreement in performance of the conditional sale agreement will be conditional upon the entitled entity not exercising its pre-emption right.
Net starting price: PLN 10,300,000
Minimum bid increment: PLN 103,000
Deposit: PLN 1,030,000
(The sale of the Property in respect of the land, structures and buildings is exempt from VAT.) The starting price constitutes the Starting Price referred to in §1(2)(2) of the Rules.
The purchase price for the rights to the Property determined as a result of the auction will be paid under the notarial deed of the conditional sale agreement proportionally to the shares held by both joint holders of perpetual usufruct rights. The deposit will be credited towards the purchase price in the same manner.
In addition, the Buyer will be required to purchase from Orange Polska S.A. equipment that is not permanently attached to the Property and is not subject to the above-mentioned pre-emption right: 13 air-conditioning units and 1 capacitor bank, for a total net price of PLN 5,000, plus VAT at 23%, i.e. PLN 1,150, resulting in a gross amount of PLN 6,150.
The auction will take place at the registered office of the Organiser of the Procedure in Warsaw (00-940), at 8 Rodziny Hiszpańskich Street, in November 2026. The document review will take place at 10:00 a.m., and the auction will begin at 12:00 p.m. in conference room No. 1 at the registered office of the Organiser of the Procedure.
A cash deposit must be paid no later than 20 November 2026. The date of payment shall be deemed to be the date on which the bank account of the Organiser of the Procedure is credited, which will be verified by the Organiser of the Procedure before the auction begins.
The cash deposit in the amount specified above must be paid into bank account No. 85 1320 0019 0099 0718 2000 0025, with the payment reference: “auction – Olsztyn Pieniężnego”.
PLEASE NOTE – deposit:
the deposit paid by the Buyer will be credited towards the purchase price of the Property in the manner described above, proportionally to the respective shares; the above-mentioned Deposit will be treated as an advance payment within the meaning of Article 394 of the Civil Code,
deposits paid by Bidders whose offers are not accepted will be refunded within 7 business days after selection of the Buyer. The Bidder is required to provide a declaration specifying the bank account number to which the Deposit is to be refunded if the Participant does not win the Procedure, as well as a correspondence address to which other documents obtained from the Participant in accordance with the Announcement are to be returned.
The Property may be viewed by prior telephone arrangement; contact: Wioleta Czarnecka (OPL), tel. +48 501 500 227, e-mail: Czarnecka@orange.com; contact: Wojciech Zarębski (PP), tel. +48 895 392 264, e-mail: wojciech.zarebski@poczta-polska.pl, on business days between 8:00 a.m. and 4:00 p.m., from the date of publication of the announcement until 9 November 2026.
The Bidder is required to submit the originals or notarised copies of the documents specified in §3(1) of the Rules at the registered office of the Organiser of the Procedure by 9 November 2026.
Where a natural person participates in the auction, including a person representing a legal entity, that person is required to submit a written declaration of consent to the processing of their personal data for the purposes of the auction.
The Bidder is required to familiarise itself with the physical and legal condition of the Property being sold and, if participating in the auction, to submit a written declaration confirming familiarisation with the physical and legal condition of the Property, including the documents, floor plans and designs published in the VDR. Access to the VDR will be provided to the Bidder after prior signing of a confidentiality declaration in accordance with the template constituting Appendix 1 to the announcement and sending it to Czarnecka@orange.com, from the date of publication of the announcement until 9 November 2026.
One of the conditions for admission to the auction is obtaining a positive recommendation from the Orange Polska S.A. Compliance Committee and the Compliance Department of Poczta Polska S.A.
If the selected Buyer fails to conclude the conditional agreement, Poczta Polska S.A. and Orange Polska S.A. will be entitled to retain the deposit or claim damages; additionally, if the Buyer fails to conclude the sale agreement, they will be entitled to seek conclusion of the agreement through court proceedings.
Upon the auction award, the parties will be obliged to conclude a conditional sale agreement, subject to the entitled entity not exercising its pre-emption right. The transfer agreement will be concluded by the parties within the period specified in the conditional agreement, but in no case later than 60 days from the date of conclusion of the conditional agreement.
A Buyer who fails to pay the purchase price within the deadline specified in §6(3) of the Rules will lose the rights resulting from the auction award as well as the Deposit paid.
Further information regarding the subject of the auction and the auction procedure is available at poczta-polska.pl/nieruchomosci and nieruchomosci.orange.pl, and by telephone at +48 895 392 264 (PP) and +48 501 500 227 (OPL).
This Announcement does not constitute an offer within the meaning of the Act of 23 April 1964 – Civil Code, and the information contained herein, the auction terms and the templates of contractual provisions referred to in the Announcement may be amended.
At any time before the auction is concluded, in particular in the event of a breach of the Rules, the Seller, the Organiser of the Procedure and each Company that is a joint holder of perpetual usufruct rights to the Property may independently withdraw from concluding the auction or cancel it without stating a reason.
A condition for signing the conditional sale agreement for the Property will be obtaining the relevant corporate approvals by Poczta Polska S.A. and Orange Polska S.A.
The Bidder is required to submit a declaration that, if the auction is closed and its offer is selected and the relevant corporate approval is subsequently not granted, it will not make any claims against the Seller in connection with the failure to conclude the sale agreement, by 9 November 2026.
The Buyer will bear the costs related to preparing the Property for sale and selling the Property, i.e. the cost of preparing the most recent valuation report, the costs of preparing the energy performance certificate, the costs of extracts and maps from the land and building register, notarial fees, stamp duties and the costs of documents specified as other documents required for the sale of the Property, in accordance with the Rules.
Information regarding the Auction and its procedure:
The Auction will be conducted by an Auctioneer.
The Committee will refuse to admit a Participant to the Auction if the Participant has not met the conditions specified in the Announcement or the Rules.
Immediately before the Auction begins, the Committee will verify the identity and presence of the Participants in the auction room.
The Auction will proceed as follows:
when opening the Auction, the Auctioneer announces the subject of the Auction, its starting price and the minimum bid increment,
during the bidding, Participants use numbered cards to submit bids for the purchase price of the Property,
the amount of each bid increment is determined by the Participants,
a purchase price offered for the Property ceases to be binding on a Participant when another Participant offers a higher purchase price,
once bidding has ceased, the Auctioneer, after giving prior notice to those present and announcing the highest bid for the third time, closes the Auction and awards it to the Participant who offered the highest price,
the Auction is deemed to have been successfully concluded if at least one Participant offers the starting price,
the Auction is deemed to have ended without a successful result if no one participates in the Auction, if none of the Participants offers a purchase price at least equal to the Starting Price, or if the Committee determines that none of the Participants meets the conditions for participation in the Auction.
Upon the auction award, the parties will be obliged to conclude the sale agreement, and each party will be entitled to seek its conclusion through court proceedings, unless otherwise provided by the terms of the Auction.
The Buyer of the Property is required to pay the purchase price no later than two days before the date of conclusion of the agreement transferring the perpetual usufruct right to the Property in the form of a notarial deed, or to deposit with the notary, into an escrow account no later than at the time of conclusion of the agreement in the form of a notarial deed, an amount corresponding to the purchase price for payment to the Seller towards the purchase price. The purchase price will be deemed paid when the bank account indicated by the Seller is credited. A Buyer who fails to pay the purchase price within the above-mentioned period will lose the rights resulting from the auction award and, under the terms specified in the Rules, the Deposit paid.
Sent from IMO for real estate brokers.