McSorley's is included within the East Village/Lower East Side Historic District, created by the New York City Landmarks Preservation Commission in 2012. In the district's designation report, the building's date of construction is given as "c.1865", but it notes that indirect evidence may indicate that there was a small structure on the lot before that, since the value of the lot increased between 1848 and 1856, while that of surrounding lots did not, which may be explained by the existence of an unrecorded structure. By 1861 there was a two-story building on the lot, according to tax records, and by 1865 the present five-story one, but it is "unclear" if the former was extended upwards or a new building was constructed.