22.—(1) For any fee payable for an application under section 39L(1)(b) or 39OA of the Act in relation to an affected agreement —
(a)
the developer under the affected agreement is liable for 70% of the fee; and
(b)
the purchaser under the affected agreement is, or (if there are 2 or more such purchasers) the purchasers are jointly and severally, liable for 30% of the fee.
(2) Any party (A) that pays the whole fee for an application under section 39L(1)(b) or 39OA of the Act, may recover the 70% or 30% (as the case may be) of the fee for which the other party (B) is liable under paragraph (1) by —
(a)
setting off against any instalment or other payment payable, in relation to the affected agreement, by A to B; and
(b)
taking any action to recover from B, as a debt due to A, the portion of the fee payable by B (to the extent that B has not paid that amount, and less any set‑off effected by A under sub‑paragraph (a)).