Sales - Frequently Asked Questions (FAQ)
What is OPR?
OPR, or Restricted Property Law, consists in the exercise of certain rights on someone else's property, which the owner is normally entitled to.
- Use - the content of the right of use is the use of things and the collection of benefits (Article 252 of the Civil Code). The scope of use varies, depending on who is the subject of use. The use of real estate can be limited to its marked part. Example: Orange Polska (formerly Telekomunikacja Polska) sells the entire property. Orange Polska is entitled to use several rooms in the building of the new owner on the basis of the right of use. The use is created by a declaration of the property owner submitted in the form of a notarial deed. It can be paid or free of charge. The right of use is subject to entry in section III of the land and mortgage register.
- Transmission easement - is established for the Telecommunications Operator pursuant to art. 3051-4 KC. Example: Orange Polska sells the entire property. Transmission easement is established for the telecommunications infrastructure remaining in the ground.
What is the difference between an OPR and a lease?
The use and easement of transmission are limited property rights (OPR), and the rental, lease or lending agreement is an obligation law. The difference is that the established rights in rem are indefinite (for the period of leaving telecommunications equipment in operation) with an entry in the land and mortgage register (section III) and only the entitled person, i.e. Orange Polska / a company from the Orange Group, may waive this right. In the case of obligation contracts, both parties may terminate their legal relationship with an appropriate period of notice.
How can I view the property?
To view the property, please contact the Sales Advisor - he will forward the contact to the Property Manager so that you can arrange a meeting at a time convenient for the customer.
Are the prices on the website final prices?
As real estate is sold through negotiations, the final price depends on the outcome of the talks.
How can you start negotiations and make an offer?
To start negotiations, please contact the Sales Advisor and arrange a meeting. The purchase offer can be made both before and after preliminary negotiations. It can be delivered by traditional mail, electronically or in person at the premises of the Orange Polska Real Estate. It should contain basic information such as:
- The proposed net purchase price.
- Indication of whether a preliminary contract is to be signed, the proposed amount of the advance payment, deadlines for the preliminary and final contracts.
- The proposed source of financing, payment schedule.
- If there is a tile technical infrastructure within the real estate: consent to establish limited property rights for an indefinite period - transmission and use easement.
Rental - Frequently Asked Questions (FAQ)
What space for rent does Orange Polska have?
We have a wide range of space throughout Poland with various possibilities of use and standard. We offer commercial space for rent / lease - such as offices, small warehouses, garages, land, parking spaces - and advertising space.
How can I view a property for rent?
Please contact the Contact Center (tel. 800 300 400 or e-mail CC_nieruchomosci@orange.com). After accepting the application, the Region Guardian will arrange a meeting with the local Property Manager.
The process of signing the contract is lengthy. Is it possible to make the space available "immediately"?
Yes. There is a possibility, confirmed by a protocol, to hand over the space before signing the contract. It is necessary to agree on the basic financial terms of the contract and to pay a deposit. The consent for early occupancy is given in writing.
Is it possible to rent a flat?
Orange Polska does not rent residential premises. The offer includes only commercial spaces - such as offices, warehouses, garages, land and parking spaces - and advertising space.
Do the rented spaces include equipment?
Orange Polska rents real estate without equipment. It is possible to rent with equipment only in special cases.
Can I sublet the space to another entity?
In individual cases, with the written consent of the Lessor, there is a possibility of subletting for entities cooperating with the Lessee on the terms specified in the contract, without the right to profit from subletting.
Can I place an advertising banner on the facade of the building in which I am renting the space?
Yes - on the terms specified in the contract or with the written consent of the Lessor.
Can I make adaptation works in the rented premises?
Any planned adaptation, modernization and renovation works of the subject of the lease or any other expenditure should be agreed with the Lessor each time and require its prior written consent. The Lessee, after obtaining the Lessor's consent to perform the works, is obliged to obtain the appropriate permits and meet the requirements of the Construction Law.
Who is responsible for maintaining order and cleanliness in the subject of the lease?
The Lessee is responsible for maintaining order and cleanliness inside the subject of the lease.
Is a contract for the provision of telecommunications services signed with the lease agreement?
The use of telephone lines or the Internet by the Lessee is based on a separate contract for the provision of telecommunications services.
We invite you to familiarize yourself with the offer of services at www.orange.pl
Is a deposit required when signing a rental agreement?
Yes. To secure the payment of the rent and any other claims of the Lessor against the Lessee, which may arise from the performance of the rental agreement, the Lessee pays a deposit to the Lessor's account. The deposit is not subject to indexation and is returned to the Lessee within 14 days from the date of termination of the contract. It is transferred to the bank account indicated by the Lessee, after the Lessor has deducted the sums covering the losses incurred as a result of damages made by the Lessee or resulting from the Lessee's breach of the terms of the rental agreement.
Recruitment Agents - Frequently Asked Questions (FAQ)
Is the agency agreement an exclusive agreement?
No, it is an open contract.
Does the broker have the option to choose the properties he wants to represent or does he have to advertise all of them?
Yes, the broker can choose the real estate he wants to represent from the offers available on the website www.nieruchomosci.orange.pl.
How much is the agent's remuneration for selling real estate?
The remuneration is 2% of the net selling price of the real estate, and if the real estate is sold within 6 months from the date of the Client's notification, the broker will be paid additional remuneration in the amount of 1% of the net sale price of the real estate. The remuneration should be increased by the value-added tax (VAT) in the amount applicable on the date of issuing the invoice.
In the case of the sale of real estate included in the investment project or package, the remuneration is negotiated between the Parties individually and requires a separate agreement to be signed in this respect.
What is the period of the agency agreement?
The contract is concluded for an indefinite period
Is the remuneration of intermediaries given as a net or gross price?
The remuneration is calculated as a percentage of the net selling price of the property. The remuneration should be increased by the value-added tax (VAT) in the amount applicable on the date of issuing the invoice.
After signing the contract, does the broker contact the Contact Center or the person dealing with a specific real estate?
The broker will be contacted by the person dealing with the sale of the real estate, but may also contact the Contact Center (tel. 800 300 400 or e-mail CC_nieruchomosci@orange.com).
Who is the real estate broker arranging with?
The agent wishes to view the property to the Contact Center (tel. 800 300 400 or e-mail CC_nieruchomosci@orange.com).
Can the broker take his own photos of the property or does he have to use only the photos posted on the OPL website?
The broker can take pictures of the property on their own.
What is the notice period for the agency contract?
The notice period is one month.
Is it possible to adapt a purchased or rented property?
In most cases it is possible, but it should be agreed upon each time.
Can Orange devices located on the property be removed or moved to another location, and if so, who bears the cost of relocating these devices?
Orange technical devices may be transferred after agreement and approval of the OPL technical services. The cost of relocating the infrastructure is borne by the property buyer.
What solutions can be adopted for tenants of premises in the building that is put up for sale?
It remains a contractual issue between the new owner of the property and the tenants.
Can the duration of the contract be shortened?
No, the contract is concluded for an indefinite period with one month's notice.
Where (how) to sign an agency agreement?
From the Orange Real Estate website, in the "For Brokers" tab, download the appropriate contract (according to the type of activity) and proceed as described on the page. In case of doubt, please contact the free hotline 800 300 400.
How long does it take to sign an agency contract?
Up to 5 working days from the date of submission of all correctly completed documents.
How long does it take to register the Client reported by the Broker?
Up to 5 business days from the date of sending a correctly completed Customer application to the Contact Center Nieruchomości.
What factors determine Orange's confirmation of acceptance of the Customer's application (Annex 4 to the contract) sent by the Broker?
After receiving the Customer's application, an employee of the Contact Center Nieruchomości verifies that the customer is not already registered for the selected property. If it does not appear in the register of clients, Contact Center Nieruchomości confirms acceptance of the client's application.
How to authorize the employees of the Broker to receive information about real estate?
The broker, at any time after the conclusion of the contract may update the list of employees authorized to receive information about Orange real estate. For this purpose, he sends to the e-mail address CC_nieruchomosci@orange.com information about the authorization of his employee along with the declaration completed and signed by that person (the template of the declaration is Appendix No. 1 to the brokerage agreement and is available for download on the Orange Real Estate website in the "For Brokers" tab. ) and returning the original documents to the address of Orange Polska, Customer Service Department, ul. St. Barbara 2 room 805, 00-686 Warsaw.
How to interpret the provisions on copyright and related rights and the related protection against claims of third parties in the light of the real estate brokerage service provided?
The intention is that Orange Polska acquires the proprietary copyrights to works created by the Intermediary and published by Orange Polska as part of the contract if any are created at all. These are standard provisions in Orange Polska's agreements, and in the case of agency agreements, they will find practical application rather rarely and may apply, for example, to presentations of a creative nature created by the Intermediary and provided to Orange Polska, e.g. a promotional film about a real estate owned by Orange. Article 10 is intended to protect the interests of Orange Polska in the event that the Broker publishes such work to Orange Polska, and Orange Polska accepts it in good faith, and then it turns out that, for example, the copyrights were owned by a third party and the Broker was not entitled to transfer them on Orange Polska.
How can the Intermediary protect himself against charging a contractual penalty?
The broker should comply with the terms of the contract and secure in contacts with the notified client a confidentiality agreement for the receipt of protected data (e.g. in accordance with the confidentiality declaration template available on request at the Contact Center Real Estate).
Is it necessary to have and enclose a current real estate broker liability insurance to sign a brokerage agreement?
Yes. Persons running a business in the field of real estate brokerage are required to have third-party liability insurance of a real estate agent for damages caused in connection with real estate brokerage, called "third party liability insurance" pursuant to Art. 181 paragraph. 4 of the Act of August 21, 1997, on real estate management (Journal of Laws of 2010, No. 102, item 651, as amended2) and consistent with the Regulation of the Minister of Finance on compulsory third-party liability insurance of an Intermediary in trade real estate (Journal of Laws of 2013, item 1626).
What is the guarantee sum of the third party liability insurance?
The minimum guarantee sum of third party liability insurance, for one event and for all events during the insurance period not longer than 12 months, the effects of which are covered by the third party liability insurance contract, is the PLN equivalent of EUR 25,000.
Will the agency contract be extended to include rental?
Yes, we are working on extending the rental agreement.
Is it possible to subscribe to the newsletter without signing a brokerage agreement?
Yes, it is.
Is the list of real estate offers for sale on the Orange Real Estate website fixed?
No, new properties are introduced on an ongoing basis and sold properties are removed.
Can Brokers use Orange property descriptions and photos posted on the website www.nieruchomosci.orange.pl for their own marketing purposes?
Yes, Agents with a signed contract can use descriptions and photos of Orange Polska real estate posted on the website.
Can Brokers make their own descriptions and photos of Orange properties for marketing and promotion of Orange properties by Brokers?
Yes, Agents with a signed contract can prepare their own descriptions and photos and use them for promotion and advertising purposes. The description of the real estate related to the establishment of a limited property right for Orange Polska's telecommunications infrastructure must remain in the version published by Orange Polska. Orange Polska does not consent to the taking and publication of photos of Orange Polska's telecommunications infrastructure.
Do Intermediaries have to agree on the content and obtain Orange Polska approval of marketing activities related to Orange real estate?
No, They don't have to.
Can Intermediaries use the Orange logo in their promotional materials?
No, They can't
What should the Broker do after the expiry of the Client's application, if the negotiations for the purchase of the property are still ongoing?
The intermediary should extend the validity of the Customer's application, i.e. send the completed and signed Customer application (the application form is attached as Annex 4 to the contract) to the e-mail address: email@example.com.
How long does it take to arrange an on-site visit and at what times can the property be inspected?
An employee of the Contact Center Nieruchomości arranges a vision of the property from 8.00 to 16.00 on working days after prior notification to the functional box or by phone at least two days in advance.
Does the Broker-in order to receive remuneration have to renew the Client's application after 9 months, if the preliminary contract is signed within the validity period of the notification, but the final contract - after the validity of the notification?
Yes, the Intermediary should in any case re-report the Client if the validity period of the application expires. The completed and signed Customer application (the application form is attached as Annex 4 to the contract) should be sent to the following e-mail address: firstname.lastname@example.org.
Documents to download (Detailed provisions of the contract are agreed individually.)Download the materials