Belfast City Council risks being held liable for nuisance, damage or injury caused by bonfires built on its land, an internal report has warned.
Notices should be affixed at sites whether or not permission is granted for the bonfire in a bid to limit any legal liability, according to the paper seen by Belfast Live.
But while steps may be taken to waive responsibility this should "not be construed as a guarantee" of fending off court action.
The scoping document emerges as the council faces the absence of key senior staff involved behind the scenes in handling summer bonfire disputes.
The council has had no Strategic Director of City and Neighbourhood Services in post for 17 months since Nigel Grimshaw retired - despite two recruitment exercises.
Both the Operational Director and Safer City Manager have also recently left the local authority for new jobs.
And the council is currently without a chief executive after Suzanne Wylie earlier this month took up a post in Jersey.
The Bonfires Scoping Paper was commissioned following controversy over a pyre near Avoniel Leisure Centre in East Belfast in 2019, but was only circulated to councillors in recent months.
In the 18-page report, an Ulster University academic compiled the views of parties on possibly developing a new policy for bonfires on council property.
A summary was also provided of discussions with the council's legal services department on the potential liability for such pyres.
The report said a landowner consenting to a bonfire "assumes a risk of incurring liability" and is "duty bound" to take steps to ensure safety and other concerns are addressed.
They can take steps to limit liability to those attending the bonfire, but "will not be able to do so" for damage caused to neighbouring property.
It added: "Notices indicating the assumption of risk on the part of those attending bonfires should be publicised and placed at sites whether consent is given or not."
Landowners who do not consent to a bonfire may have a legal defence if they show it was not possible to exercise control or implement precautions.
However, the report said steps that may be taken to limit liability "should not be construed as a guarantee" against legal action.
Collecting bonfire materials at a site could be considered a common law nuisance if interference with property is shown, while the conduct of those in attendance "may give rise to an actionable nuisance as against the landowner".
Last year councillors asked for a review into 2021's approach to managing some contentious bonfires following tensions over a pyre at an interface in North Belfast.
Sinn Féin has called for new regulations for bonfires on council land to improve safety and environmental concerns.
But unionist councillors argued the move was unnecessary, unenforceable and claimed it was an attempt to "undermine" their culture.
The council declined to say how many vacancies it currently has within its City and Neighbourhood Services team.
A spokeswoman said: "Belfast City Council has well established governance processes in place.
"Belfast City Council's approach to managing bonfires is led by our elected members. A member-led decision making process has been agreed to consider issues and make decisions on a site by site basis.
"Council continues to engage with elected members and community representatives to minimise any potential negative impact of bonfires on local residents, businesses, customers and property.
"This work is continuing and is not dependent on individual staff roles within the organisation."
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