Investigation Launched into Businessman José Elías for Alleged Illegal Construction in Protected Park
José Elías, founder of Audax Renewable Energy, faces scrutiny over unlicensed construction of a residence in Tiana's protected forest area.
A court in Mataró, Barcelona, has initiated an investigation into multimillionaire businessman José Elías, founder of the renewable energy company Audax, for the alleged illegal construction of a house in a protected area of Tiana.
The inquiry has been confirmed by sources familiar with the case, which alleges that Elías built a two-story mansion, complete with a swimming pool and a paddle court, without the necessary permits from the municipality and within the Serralada de Marina forest park, a region designated for its environmental protection.
Elías has already provided testimony as a defendant before the investigating judge for urban planning offenses.
The property in question, situated in the exclusive Mas-Ram residential area, has a registered area of 9,170 square meters, characterized by plots of shrubland and unproductive land.
The estate is enclosed by white fence stakes that provide glimpses of the surrounding forest.
The businessman, originally from Badalona, completed the construction of his habitual residence in 2018, on the site of a former traditional farmhouse, can Sant Romà, which historically housed vineyards dating back to Roman times and still retains ancient wine amphorae.
Having risen from a humble background, Elías, now 49, amassed a considerable fortune, currently estimated at €940 million according to financial assessments.
However, the luxurious property has now attracted legal complications.
Local police were first alerted to construction activities on the property in February 2018. Upon inspection, officers reported “significant earth movements,” “partial demolition of existing structures,” and “intensive clearing of trees.” A subsequent visit by law enforcement a month later revealed the installation of utility connections and the construction of a new access point, all occurring without the requisite municipal licensing.
The issues surrounding Elías's construction extend beyond the absence of permits.
The land designated for the new building is included in two specific protection plans: the Marina Serralada protection and improvement plan, and the Conreria-Sant Mateu Céllecs natural and landscape conservation plan.
These areas are classified as “non-urbanizable” under urban planning regulations, specifically labeled as “forest park.”
In response, the Tiana Town Hall initiated an urban legality protection procedure, which allows municipalities to halt illegal constructions and restore sites to their original state.
In June 2020, an architectural report highlighted Elías's disregard for a municipal order to suspend construction.
The report emphasized the need to halt the work regardless of any proposal the businessman might submit for legalizing the modifications.
A follow-up inspection in 2021 noted that the construction appeared complete and detailed several completed tasks, including land movements, the erection of an underground level, and the expansion of an existing swimming pool while replacing a tennis court with a paddle court.
The urban infraction was deemed “very serious.”
The investigation intensified following a report from a municipal secretary, which recommended immediate action to halt the ongoing work and suggested that the nature of the suspected infractions could amount to serious legal violations.
In November 2021, the Town Hall approved a decree proposing a maximum sanction of €1.5 million and referred the case to the judiciary.
The prosecution subsequently commenced an inquiry, and a complaint was filed, which has since been assigned to the investigating judge Elisabet Loscos.
As the criminal proceedings commenced, the municipal sanction process was put on hold.
Elías is being investigated for committing an urban planning offense, which carries a potential prison sentence of one to four years for individuals involved in unauthorized constructions on land recognized for its landscape, ecological, artistic, historical, or cultural value.
The penal code allows judges the authority to order the demolition of the unauthorized structure and restoration of the site to its original condition.
As the case remains open and under investigation, the court has requested documentation from various administrative bodies and engaged with several businesses.
Elías has previously declined to comment on the ongoing case.
The inquiry has been confirmed by sources familiar with the case, which alleges that Elías built a two-story mansion, complete with a swimming pool and a paddle court, without the necessary permits from the municipality and within the Serralada de Marina forest park, a region designated for its environmental protection.
Elías has already provided testimony as a defendant before the investigating judge for urban planning offenses.
The property in question, situated in the exclusive Mas-Ram residential area, has a registered area of 9,170 square meters, characterized by plots of shrubland and unproductive land.
The estate is enclosed by white fence stakes that provide glimpses of the surrounding forest.
The businessman, originally from Badalona, completed the construction of his habitual residence in 2018, on the site of a former traditional farmhouse, can Sant Romà, which historically housed vineyards dating back to Roman times and still retains ancient wine amphorae.
Having risen from a humble background, Elías, now 49, amassed a considerable fortune, currently estimated at €940 million according to financial assessments.
However, the luxurious property has now attracted legal complications.
Local police were first alerted to construction activities on the property in February 2018. Upon inspection, officers reported “significant earth movements,” “partial demolition of existing structures,” and “intensive clearing of trees.” A subsequent visit by law enforcement a month later revealed the installation of utility connections and the construction of a new access point, all occurring without the requisite municipal licensing.
The issues surrounding Elías's construction extend beyond the absence of permits.
The land designated for the new building is included in two specific protection plans: the Marina Serralada protection and improvement plan, and the Conreria-Sant Mateu Céllecs natural and landscape conservation plan.
These areas are classified as “non-urbanizable” under urban planning regulations, specifically labeled as “forest park.”
In response, the Tiana Town Hall initiated an urban legality protection procedure, which allows municipalities to halt illegal constructions and restore sites to their original state.
In June 2020, an architectural report highlighted Elías's disregard for a municipal order to suspend construction.
The report emphasized the need to halt the work regardless of any proposal the businessman might submit for legalizing the modifications.
A follow-up inspection in 2021 noted that the construction appeared complete and detailed several completed tasks, including land movements, the erection of an underground level, and the expansion of an existing swimming pool while replacing a tennis court with a paddle court.
The urban infraction was deemed “very serious.”
The investigation intensified following a report from a municipal secretary, which recommended immediate action to halt the ongoing work and suggested that the nature of the suspected infractions could amount to serious legal violations.
In November 2021, the Town Hall approved a decree proposing a maximum sanction of €1.5 million and referred the case to the judiciary.
The prosecution subsequently commenced an inquiry, and a complaint was filed, which has since been assigned to the investigating judge Elisabet Loscos.
As the criminal proceedings commenced, the municipal sanction process was put on hold.
Elías is being investigated for committing an urban planning offense, which carries a potential prison sentence of one to four years for individuals involved in unauthorized constructions on land recognized for its landscape, ecological, artistic, historical, or cultural value.
The penal code allows judges the authority to order the demolition of the unauthorized structure and restoration of the site to its original condition.
As the case remains open and under investigation, the court has requested documentation from various administrative bodies and engaged with several businesses.
Elías has previously declined to comment on the ongoing case.
Translation:
Translated by AI
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