Madrid court investigates five complaints over Ayuso government's €6.3M luxury penthouse purchase

Court opens investigation

Madrid's Instruction Court No. 8, presided by Judge Rosario de Fátima Espinosa, has opened proceedings investigating the purchase of a luxury penthouse in the Chamberí neighbourhood by the Madrid regional government. The property was acquired for €6.3 million through the public company Planifica Madrid. The penthouse was intended to serve as a temporary office for Madrid president Isabel Díaz Ayuso during renovation works at the regional government headquarters in Puerta del Sol.

The court already had proceedings under way following a complaint filed last Thursday by the extraparliamentary party Iustitia Europa. On Monday, the Provincial Prosecutor's Office forwarded four additional complaints to the same court: one from the PSOE and three from private individuals. Deputy prosecutor José Luis García-Juanes signed a decree ordering the closure of the prosecutor's preliminary proceedings, citing that the facts were already under judicial investigation and invoking the subsidiary nature of prosecutor-led investigations under Article 5 of the Statute of the Prosecutor's Office and Circular 2/2022 of the State Prosecutor General.

Allegations and investigation scope

The complaints request investigation into whether the acquisition may constitute embezzlement of public funds, administrative prevarication, or disloyal administration of public patrimony. Iustitia Europa's filing asks the judge to request the complete purchase file and to determine whether the Presidency Council participated in the purchase decision. According to eldiario.es, the transaction required the seller to sign a confidentiality agreement before the acquisition, and the purchase was executed without a formal file or justification in Planifica Madrid's annual budget.

The penthouse measures 400 square metres of interior space plus 200 square metres of terrace, according to Óscar López. The judge will decide in the coming weeks whether to open a formal case based on these filings.

Sale of the penthouse

After the controversy erupted, the Madrid government confirmed it would sell the penthouse to raise funds for reconstruction of the Sierra Oeste following wildfires that burned approximately 30,000 hectares and prompted a request for a national emergency declaration. On Friday, Planifica Madrid listed the penthouse with a starting price of €6.7 million, according to Europa Press, alongside four other properties on Gran Vía priced at €11.8 million combined.

The eldiario.es report cites the sale price as €6.69 million. The properties were listed through the Public Procurement Portal.

Political backlash

Óscar López, Minister for Digital Transformation and Public Function, secretary general of the PSOE-M, and the socialist candidate for the presidency of the Community of Madrid, filed the PSOE's complaint against the board of Planifica Madrid. He has called for Ayuso's resignation, accusing her of giving "changing versions and no coherent explanation" for the purchase, which he described as "a mountain of lies."

The only thing Mrs. Ayuso is showing is a lot of nerve and, certainly, a lot of falsehood.

López stated that the PSOE turned to the courts because the Madrid government refuses to provide information on the matter. He said he wants to see which procurement board made the decision and on what criteria, adding: "I'm looking forward to seeing what it says." He called the situation "incompatible" with serving as president of the Community of Madrid. The political left has accused Ayuso of using the purchase to obtain an "official residence," a charge she has denied. Ayuso called it "not very intelligent" to seek a house she could not "hide," and claimed there has been an intention to "cause harm."